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Document 52025M11071
Opinion of the Advisory Committee on mergers at its meeting on 28 June 2024, 10:00 - 12:00 (CEST) concerning a draft decision in case M.11071 – DEUTSCHE LUFTHANSA / MEF / ITA – Rapporteur: Bulgaria
Opinion of the Advisory Committee on mergers at its meeting on 28 June 2024, 10:00 - 12:00 (CEST) concerning a draft decision in case M.11071 – DEUTSCHE LUFTHANSA / MEF / ITA – Rapporteur: Bulgaria
Opinion of the Advisory Committee on mergers at its meeting on 28 June 2024, 10:00 - 12:00 (CEST) concerning a draft decision in case M.11071 – DEUTSCHE LUFTHANSA / MEF / ITA – Rapporteur: Bulgaria
C/2024/4729
OJ C, C/2025/1341, 27.2.2025, ELI: http://data.europa.eu/eli/C/2025/1341/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2025/1341 |
27.2.2025 |
Opinion of the Advisory Committee on mergers at its meeting on 28 June 2024, 10:00 - 12:00 (CEST) concerning a draft decision in case M.11071 – DEUTSCHE LUFTHANSA / MEF / ITA
Rapporteur: Bulgaria
(C/2025/1341)
Concentration
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1. |
The Advisory Committee (7 Member States) agrees with the Commission that the notified transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Council Regulation (EC) No 139/2004 of 20.1.2004 on the control of concentrations between undertakings (the ‘Merger Regulation’) (1). |
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2. |
The Advisory Committee (7 Member States) agrees with the Commission that the notified operation has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
Market definition
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3. |
The Advisory Committee (7 Member States) agrees with the conclusions reached by the Commission in the draft Decision in relation to the definition of the following relevant markets for:
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Competitive assessment
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4. |
The Advisory Committee (7 Member States) agrees with the Commission’s assessment that the notified transaction is likely to significantly impede effective competition, mainly as a result of a creation or strengthening of a dominant position in the following relevant markets. Namely:
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5. |
The Advisory Committee (7 Member States) agrees with the Commission’s assessment that the notified transaction is likely to significantly impede effective competition with respect to the market for airport infrastructure services as a result of a creation or strengthening of a dominant position in Milan Linate. |
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6. |
Lastly, regarding the other markets discussed in Section 12 of the draft Decision (i.e. passenger air transport on other short-haul and long-haul overlap routes, airport infrastructure services at other airports, cargo air transport, MRO, ground handling, cargo handling, flight training, flight ticket distribution services and feeder traffic), the Advisory Committee (7 Member States) agrees with the Commission’s assessment that the notified transaction does not result in a significant impediment of effective competition. |
Commitments
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7. |
The Advisory Committee (7 Member States) agrees with the Commission’s conclusion that the Final Commitments, as offered by the Notifying Parties on 18 June 2024, are adequate and sufficient to eliminate entirely the significant impediment to effective competition in connection with scheduled air passenger transport on short-haul routes identified in Section 9 of the draft Decision. |
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8. |
The Advisory Committee (7 Member States) agrees with the Commission’s conclusion that the Final Commitments are adequate and sufficient to eliminate entirely the significant impediment to effective competition in connection with scheduled air passenger transport on long-haul routes identified in Section 10 of the draft Decision. |
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9. |
The Advisory Committee (7 Member States) agrees with the Commission’s conclusion that the Final Commitments are adequate and sufficient to eliminate entirely the significant impediment to effective competition in connection with access to airport infrastructure services at Milan Linate airport identified in Section 11 of the draft Decision. |
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10. |
The Advisory Committee (7 Member States) agrees with the Commission that, subject to the full compliance with the Final Commitments, the notified transaction is not likely to significantly impede effective competition in the internal market or in a substantial part of it. |
Compatibility with the internal market and the Agreement on the European Economic Area
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11. |
The Advisory Committee (7 Member States) agrees with the Commission that the notified concentration must therefore be declared compatible with the internal market and the Agreement on the European Economic Area (2) in accordance with Article 2(2) and Article 8(2) of the Merger Regulation and Article 57 of the Agreement on the European Economic Area. |
ELI: http://data.europa.eu/eli/C/2025/1341/oj
ISSN 1977-091X (electronic edition)