Opinion of the Advisory Committee on mergers at its meeting of 19 March 2021 concerning a preliminary draft decision relating to Case M.9569 – EssilorLuxottica/GrandVision – Rapporteur: Bulgaria
Date: 2023-03-19
Institutions: Advisory Committee on Concentrations
Subjects: economic concentration, merger control, optical industry, retail selling








C_202402891EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2891


25.4.2024






Opinion of the Advisory Committee on mergers at its meeting of 19 March 2021 concerning a preliminary draft decision relating to Case M.9569 – EssilorLuxottica/GrandVision
Rapporteur: Bulgaria
(Text with EEA relevance)
(C/2024/2891)


Operation









1.


The Advisory Committee (13 Member States) agrees with the Commission that the Transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.





Union Dimension









2.


The Advisory Committee (13 Member States) agrees with the Commission that the Transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation.





Product Markets









3.


The Advisory Committee (13 Member States) agrees with the Commission’s definition of the relevant product market for the wholesale supply of ophthalmic lenses.












4.


The Advisory Committee (13 Member States) agrees with the Commission’s definition of the relevant product market for the wholesale supply of frames and sunglasses.












5.


The Advisory Committee (13 Member States) agrees with the Commission’s definition of the relevant product market for the retail sale of optical products in optical stores.












6.


The Advisory Committee (13 Member States) agrees with the Commission’s definitions of the other relevant product markets outlined in the draft decision.





Geographic markets









7.


The Advisory Committee (13 Member States) agrees with the Commission’s definition of the relevant geographic market for the wholesale supply of ophthalmic lenses, frames and sunglasses as nation-wide.












8.


The Advisory Committee (13 Member States) agrees with the Commission’s definition of the relevant geographic market for the retail sale of optical products in optical stores as local (more specifically, consisting of catchment areas with a radius that is typically not broader than 10km).












9.


The Advisory Committee (13 Member States) agrees with the Commission’s definitions of the other relevant geographic markets outlined in the draft decision.





Competitive Assessment









10.


The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the Italian market for optical retail, as a result of horizontal effects and vertical effects from input foreclosure.












11.


The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the Belgian market for optical retail, as a result of vertical effects from input foreclosure.












12.


The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would lead to a significant impediment of effective competition on the Dutch market for optical retail, as a result of vertical effects from input foreclosure.












13.


The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not lead to a significant impediment of effective competition in other EEA Member States with respect to horizontal or vertical input foreclosure concerns.












14.


The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not lead to a significant impediment of effective competition in any EEA Member States with respect to customer foreclosure of frames, sunglasses, or lenses.












15.


The Advisory Committee (13 Member States) agrees with the Commission’s assessment that the Transaction, as notified, would not lead to a significant impediment of effective competition in any EEA Member States with respect to other vertical links created by the transaction.





Commitments









16.


The Advisory Committee (13 Member States) agrees with the Commission that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition in relation to the market for optical retail in Italy.












17.


The Advisory Committee (13 Member States) agrees with the Commission that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition in relation to the market for optical retail in Belgium.












18.


The Advisory Committee (13 Member States) agrees with the Commission that the Final Commitments are suitable and sufficient to eliminate the significant impediment to effective competition in relation to the market for optical retail in the Netherlands.





Compatibility with the Internal Market









19.


The Advisory Committee (13 Member States) agrees with the Commission that the Transaction, as modified with the Final Commitments, should therefore be declared compatible with the internal market and the functioning of the EEA Agreement.






ELI: http://data.europa.eu/eli/C/2024/2891/oj
ISSN 1977-091X (electronic edition)