Opinion of the Advisory Committee on concentrations given at its 148th meeting on 23 March 2007 concerning a draft decision relating to Case COMP/M.4403 — Thales/Finmeccanica/Alcatel Alenia Space/Telespazio
Date: 2009-02-11
Institutions: European Commission
Subjects: advisory committee (EU), aerospace industry, competition law, economic concentration, exchange of information, merger control, militarisation of space, satellite, space transport, telecommunications industry

11.2.2009

EN

Official Journal of the European Union

C 34/3

Opinion of the Advisory Committee on concentrations given at its 148th meeting on 23 March
2007 concerning a draft decision relating to Case COMP/M.4403 — Thales/Finmeccanica/Alcatel
Alenia Space/Telespazio

(2009/C 34/03)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentra-
tion within the meaning of Article 3(1)(b) of the EC Merger Regulation and that it can be deemed to
have a Community dimension pursuant to Article 1(2) of that Regulation.

2. The Advisory Committee agrees with the Commission that the relevant product markets can be charac-

terised as follows:

(a) ground segment:

— launchers,

— space transportation and infrastructure, and

— satellites;

(b) space segment:

— launchers,

— space transportation and infrastructure, and

— satellites:

— satellite prime contracting for institutional satellites,

— satellite prime contracting for military satellites,

— satellite prime contracting for commercial telecommunications satellites, and

— satellite subsystems and equipment for commercial telecommunications satellites:

— Travelling Wave Tubes (TWTs),

— Electronic Power Conditioners (EPCs), and

— Travelling Wave Tube Amplifiers (TWTAs) (which includes Linearised TWTAs (LTWTAs),
Channel Amplifier TWTAs (CTWTAs), and Linerarised Channel Amplifier TWTAs
(LCTWTAs)).

3. The Advisory Committee agrees with the Commission that the geographic scope of the relevant product

markets is:

— worldwide for commercial telecommunications satellites and satellite subsystems,

— European or national for European institutional satellites and satellite subsystems, and

— national (where a national supplier exists) or worldwide for military satellites and satellite subsystems.

4. The Advisory Committee agrees with the Commission's view (and subsequent approach to the analysis)
that the issue raised by the proposed concentration is whether or not the merger will give the new
entity:

— the ability and incentive to engage in input foreclosure in identified markets, and

— whether such a course of action would significantly impede effective competition downstream.

5. The Advisory Committee agrees with the Commission that the proposed concentration will not signifi-

cantly impede effective competition on the market for TWTAs.

6. The Advisory Committee agrees with the Commission that the proposed concentration will not signifi-
cantly impede effective competition on the market for satellite prime contracting for commercial
telecommunications satellites.

7. The Advisory Committee agrees with the Commission that the notified concentration must be declared
compatible with the common market and the functioning of the EEA Agreement pursuant to Article 8(1)
of the EC Merger Regulation.

8. The Advisory Committee asks the Commission to take into account all the other points raised during the

discussion.