32001Y0119(03)

Opinion of the Advisory Committee on Concentrations given at the 66th meeting on 25 August 1999 concerning a preliminary draft decision relating to Case IV/M.1532 - BP Amoco/Atlantic Richfield

(2001/C 17/05)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation and has a Community dimension as defined by Article 1(2) of the Regulation.

2. The Advisory Committee agrees with the Commission's definition of the relevant product markets and with the definition of the relevant geographic markets.

3. (a) The Advisory Committee does not agree with the views of the Commission expressed in the draft decision that the concentration might lead to the creation of a dominant position as a result of which effective competition would be significantly impeded on the northern North Sea gas pipelines market;

(b) The majority of the Advisory Committee agrees with the Commission that the concentration will create a dominant position as a result of which effective competition would be significantly impeded on the southern North Sea gas pipelines market. A minority disagrees;

(c) The majority of the Advisory Committee agrees with the Commission that the concentration will create a dominant position as a result of which effective competition would be significantly impeded on the southern North Sea gas processing market. A minority disagrees.

4. The Advisory Committee agrees with the Commission that the commitments proposed by BP Amoco would remove the competitive concerns of the notified concentration. The Advisory Committee considers that no commitments are necessary for the northern North Sea gas pipelines market.

5. The Advisory Committee agrees with the Commission that, subject to full compliance with the submitted commitments relating to the southern North Sea gas pipelines market and southern North Sea gas processing market, the notified operation is compatible with the common market.

6. The Advisory Committee asks the Commission to take account of the other points raised during the discussion of this case.

7. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Communities.