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Document 52007XX0525(01)
Opinion of the Advisory Committee on Concentrations given at its 137th meeting on 1 March 2006 concerning a draft decision relating to Case COMP/M.3868 — DONG/Elsam/Energy E2 — Rapporteur: Hungary
Opinion of the Advisory Committee on Concentrations given at its 137th meeting on 1 March 2006 concerning a draft decision relating to Case COMP/M.3868 — DONG/Elsam/Energy E2 — Rapporteur: Hungary
Opinion of the Advisory Committee on Concentrations given at its 137th meeting on 1 March 2006 concerning a draft decision relating to Case COMP/M.3868 — DONG/Elsam/Energy E2 — Rapporteur: Hungary
OJ C 115, 25.5.2007, p. 31–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.5.2007 |
EN |
Official Journal of the European Union |
C 115/31 |
Opinion of the Advisory Committee on Concentrations given at its 137th meeting on 1 March 2006 concerning a draft decision relating to Case COMP/M.3868 — DONG/Elsam/Energy E2
Rapporteur: Hungary
(2007/C 115/05)
1. |
The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of Council Regulation (EC) No 139/2004 (1) and that it has a Community dimension. |
2. |
The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are: in the natural gas sector:
in the electricity sector:
for other markets:
|
3. |
The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are: in the natural gas sector:
in the electricity sector:
for other markets:
|
4. |
The Advisory Committee agrees with the Commission that DONG has a dominant position: in the natural gas sector:
|
5. |
The Advisory Committee agrees with the Commission that the transaction will give DONG the ability and incentive on the Danish gas storage or gas flexibility market to raise rivals' costs of storage post merger, increase storage tariffs in Denmark and to use the central CHP plants owned by Elsam and Energi E2 for flexibility purposes and that the transaction would thus strengthen DONG's dominant position on the possible Danish market for storage or on the possible Danish market for storage/flexibility and would lead to a significant impediment to effective competition. |
6. |
The Advisory Committee agrees with the Commission that the transaction will strengthen DONG's dominant position on the Danish wholesale market especially through removing significant actual and potential competitive constraints to DONG and through foreclosure of demand and that this is likely to lead to a significant impediment to effective competition. |
7. |
The Advisory Committee agrees with the Commission that the concentration does not lead to a significant impediment of effective competition on the markets for natural gas supplies to central CHPs either in Denmark or in Sweden. |
8. |
The Advisory Committee agrees with the Commission that the concentration will lead to a significant impediment of effective competition on the market or markets of the supply of natural gas to large industrial customers and decentralised CHPs especially through raising entry barriers and eliminating potential competition. |
9. |
The Advisory Committee agrees with the Commission that the concentration will significantly impede competition on the market or markets for the supply of natural gas to households and small business customers irrespective of whether these markets are defined as regional or as national in particular through the strengthening of a dominant position. |
10. |
The Advisory Committee agrees with the Commission that the notified concentration does not lead to a significant impediment of effective competition, in particular as a result of the creation or strengthening of a dominant position on either any possible affected market for physical electricity or for financial derivatives of electricity. |
11. |
The Advisory Committee agrees with the Commission that in the absence of competition concerns it is not necessary to examine further the effect of the concentration on the markets for district heating, fly ash production and CO2 trading. |
12. |
The majority of the Advisory Committee agrees with the Commission that the commitments submitted by the parties concerning storage divestiture and the gas release programme are suitable and in combination with each other sufficient to remove the identified competition problems on the following markets:
A minority disagrees with point b). |
13. |
The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties the proposed concentration does not significantly impede effective competition and as a result the proposed concentration can be declared compatible with the common market and the functioning of the EEA Agreement. |
14. |
The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |