52004XX0428(08)

Opinion of the Advisory Committee on Concentrations given at its 82nd meeting on 12 July 2000 concerning a preliminary draft decision relating to case COMP/M.1806 - Astra Zeneca/Novartis

(2004/C 102/12)

(Text with EEA relevance)

(Commission Decision 2004/310/EC - OJ L 110, 16.4.2004)

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Art 3(1)a of the Merger Regulation.

The Advisory Committee agrees with the Commission that the notified operation has a Community dimension as defined in Art 1(2) of the Merger Regulation.

The Advisory Committee agrees with the Commission's definition of the relevant product markets contained in the Draft Decision.

The Advisory Committee agrees with the Commission's definition of the relevant geographic markets contained in the Draft Decision.

The Advisory Committee shares the Commission's view that the concentration as initially notified would have created or strengthened a dominant position on the markets listed in the Draft Decision.

The Advisory Committee shares the Commission's view that the commitments submitted by the parties are sufficient to remove competition concerns.

The Advisory Committee therefore agrees that the operation should be declared compatible with the common market and the functioning of the EEA-Agreement.

1. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

2. The Commission takes into account the remarks and comments made by the Advisory Committee.