52003XX1128(01)

Opinion of the Advisory Committee on Concentrations given at the 75th meeting on 28 and 29 February 2000 concerning a preliminary draft decision relating to Case COMP/M.1636 - MMS/DASA/Astrium

(2003/C 285/04)

(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 that Regulation.

2. The Advisory Committee agrees with the Commission that the sectors affected by the notified concentration comprise

(a) satellites;

(b) space infrastructure;

(c) launchers and launch services;

(d) ground segment; and

(e) equipment for satellites.

3. The Advisory Committee agrees with the Commission that precise market definitions can be left open in the markets for

(a) civil satellites;

(b) space infrastructure;

(c) launchers and launch services;

(d) ground segment; and

(e) equipment for satellites other than mechanical wheels,

as the concentration does not give rise to the creation or strengthening of a dominant position in these areas.

4. The Advisory Committee agrees with the Commission's definition of the relevant markets as detailed in the draft decision for

(a) mechanical wheels for satellites in Europe; and

(b) military communication satellites in France.

5. The Advisory Committee agrees with the Commission that the operation as notified would raise competition concerns in the markets for

(a) mechanical wheels for satellites in Europe; and

(b) military communication satellites in France.

6. The Advisory Committee agrees with the Commission that the commitments offered by the notifying parties will remove the competition concerns specified at 5 above.

7. The Advisory Committee agrees with the Commission's draft decision that, subject to full compliance with these commitments, the concentration should be declared compatible with the common market.

8. The Advisory Committee invites the Commission to take into account all the other points raised by the Member States during the discussion.

9. The Advisory Committee recommends publication of this opinion in the Official Journal of the European Union.