Opinion of the Advisory Committee on mergers given at its meeting of 3 December 2008 regarding a draft decision relating to Case COMP/M.5141 — KLM/Martinair — Rapporteur: Latvia
Date: 2009-03-04
Institutions: Advisory Committee on Concentrations
Subjects: Europe, North America, advisory committee (EU), carriage of goods, economic concentration, merger control

C 51/2

EN

Official Journal of the European Union

4.3.2009

Opinion of the Advisory Committee on mergers given at its meeting of 3 December 2008 regarding
a draft decision relating to Case COMP/M.5141 — KLM/Martinair

Rapporteur: Latvia

(2009/C 51/02)

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.

2. The Advisory Committee agrees with the Commission that the markets to be considered are:

(a) the markets for air transport of cargo on a uni-directional basis:

— between continents for transport of cargo between Europe and North America,

— between Europe and specific countries for transport of cargo between Europe and South

American, Greater Caribbean, Far Eastern and African countries;

(b) the market for the supply of long-haul air transport services to end customers, subdivided on the

basis of point of origin/point of destination (‘O&D’) pairs:

— whereby the point of origin includes the airport of Amsterdam and, at least with respect to
flights to Punta Cana, Cancun, Havana, Curacao and Aruba, but possibly also with respect to
flights to Vancouver, Toronto and Miami, also the airports of Düsseldorf and Brussels,

— and whereby the point of destination is likely to be limited to each of the above-mentioned desti-
nations, but possibly extends to all long-haul destinations in the Greater Caribbean region or
even all long-haul destinations worldwide;

(c) the market for the wholesale supply of airline seats to tour operators comprising flights connecting
the airports of Amsterdam, Düsseldorf and Brussels to all long-haul destinations worldwide, which
might have to be subdivided on a route-by-route basis in accordance with the O&D pairs identified
in question 2(b) with respect to the market for the supply of long-haul air transport services to end
customers.

3. The Advisory Committee agrees with the Commission's assessment that the notified operation would not
significantly impede effective competition in the Common Market or a substantial part of it with respect
to the relevant markets for air transport of cargo.

4. The Advisory Committee agrees with the Commission's assessment that the notified operation would not
significantly impede effective competition in the Common Market or a substantial part of it with respect
to the markets for the supply of long-haul air transport services to end customers.

5. The Advisory Committee agrees with the Commission's assessment that the notified operation would not
significantly impede effective competition in the Common Market or a substantial part of it with respect
to the markets for the wholesale supply of airline seats to tour operators.

6. The Advisory Committee agrees with the Commission that the notified concentration should be declared
compatible with the Common Market and with the functioning of the EEA Agreement in accordance
with Article 8(1) of the Merger Regulation and Article 57 of the EEA Agreement.