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Document 52020M8436

Opinion of the Advisory Committee on mergers at its meeting of 20 February 2019 concerning a preliminary draft decision relating to Case M.8436 — General Electric Company/LM Wind Power Holding (Art.14(1) proc.) Rapporteur: ROMANIA2020/C 24/03

C/2019/2569

OJ C 24, 24.1.2020, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
20/02/2019; Date of adoption
Author:
Advisory Committee on Concentrations
Form:
Opinion

24.1.2020   

EN

Official Journal of the European Union

C 24/5

Opinion of the Advisory Committee on mergers at its meeting of 20 February 2019 concerning a preliminary draft decision relating to Case M.8436 — General Electric Company/LM Wind Power Holding (Art.14(1) proc.)

Rapporteur: ROMANIA

(2020/C 24/03)

1.   

The Advisory Committee (9 Member States) agrees with the Commission that GE negligently submitted incorrect information in the Form CO in case M.8283 — GE/LM WIND in violation of Article 14(1)(a) of the Merger Regulation (1) and Article 4(1) of the Implementing Regulation (2). One Member State abstains.

2.   

The Advisory Committee (10 Member States) agrees with the Commission that a fine should be imposed on GE pursuant to Article 14(1)(a) of the Merger Regulation.

(1)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the ‘Merger Regulation’) (OJ L 24, 29.1.2004, p. 1).

(2)  Commission Regulation (EC) No 802/2004 of 21 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Implementing Regulation’) (OJ L 133, 30.4.2004, p. 1), as amended by Commission Regulation (EC) No 1033/2008 (OJ L 279, 22.10.2008, p. 3) and by Commission Implementing Regulation (EU) No 1269/2013 (OJ L 336, 14.12.2013, p. 1).

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