Opinion of the Advisory Committee on Mergers given at its meeting of 17 September 2007 relating a draft decision relating to Case COMP/M.3333 — Sony/BMG — Rapporteur: Denmark
Date: 2007-09-17
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), audiovisual industry, competition law, economic concentration, merger control, music

16.4.2008

EN

Official Journal of the European Union

C 94/17

Opinion of the Advisory Committee on Mergers given at its meeting of 17 September 2007 relating
a draft decision relating to Case COMP/M.3333 — Sony/BMG

Rapporteur: Denmark

(2008/C 94/07)

1. The members of the Advisory Committee agree with the Commission that the notified operation consti-

tutes a concentration within the meaning of the Merger Regulation (EEC) No 4064/89.

2. The members of the Advisory Committee agree with the Commission that the notified operation has a

Community dimension as defined by that Regulation.

3. The majority of the members of the Advisory Committee agrees with the Commission that in the

present case the relevant product markets are:

(a) the market for physical recorded music;

(b) the market for licensing of recorded music in digital format which might be further subdivided into

markets for online and mobile digital music.

A minority of the members of the Advisory Committee disagrees with point 3(a).

4. The members of the Advisory Committee agree with the Commission that the market for physical

recorded music is national in scope.

5. The members of the Advisory Committee agree with the Commission that the market for recorded

music in digital format is national in scope.

6. The members of the Advisory Committee agree with the Commission that the proposed concentration
will not lead to the creation of a single dominant position, as a result of which effective competition
would be significantly impeded in the Common Market or in a substantial part of it, in any of the
EEA countries in the markets for physical recorded music.

7. The members of the Advisory Committee agree with the Commission that the proposed concentration
will not lead to the creation of a single dominant position, as a result of which effective competition
would be significantly impeded in the Common Market or in a substantial part of it, in any of the
EEA countries in the markets for recorded music in digital format.

8. The members of the Advisory Committee agree with the Commission that the proposed concentration
will not lead to the strengthening nor the creation of a collective dominant position, as a result of
which effective competition would be significantly impeded in the Common Market or in a substantial
part of it, in any of the EEA countries in the markets for physical recorded music.

9. The members of the Advisory Committee agree with the Commission that the proposed concentration
will not lead to the strengthening nor the creation of a collective dominant position, as a result of
which effective competition would be significantly impeded in the Common Market or in a substantial
part of it, in any of the EEA countries in the markets for recorded music in digital format.

10. The members of the Advisory Committee agree with the Commission that the proposed concentration

should be declared compatible with the Common Market and with the EEA Agreement.

11. The Advisory Committee is of the opinion that the Commission has taken due account of the findings

of the Court of First Instance in the Impala Case.

12. The members of the Advisory Committee recommend the publication of its opinion in the Official

Journal of the European Union.