52004XX0416(02)

Opinion of the Advisory Committee on concentrations given at its 118th meeting on 12 August 2003 concerning a draft decision relating to case COMP/M.3083 - General Electric/Instrumentarium

(2004/C 92/05)

(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 that it has a Community dimension as defined by Article 1(2) of that Regulation.

2(a) The Advisory Committee agrees with the Commission that as regards patient monitors the relevant product markets are each of perioperative monitors, critical care monitors and general ward monitors.

2(b) The Advisory Committee agrees with the Commission that the precise product market definition as regards C-Arms can be left open, in particular as regards the question whether low-end, vascular and cardiac C-Arms constitute separate product market.

2(c) The Advisory Committee agrees with the Commission that as regards mammography devices the relevant product markets are each of analogue mammography devices and digital mammography devices.

3. The Advisory Committee agrees with the Commission that the relevant geographic markets for each relevant product market are national.

4. The Advisory Committee agrees with the Commission that the proposed concentration does not lead to the creation or strengthening of a dominant position in the markets for

(a) General Ward monitors,

(b) all possible markets regarding C-Arms,

(c) both analogue and digital mammography devices.

5(a) The Advisory Committee agrees with the Commission that the proposed concentration, because of horizontal effects, is likely to lead to the creation or strengthening of a dominant position in the markets for perioperative monitors in Spain, the United Kingdom, Sweden, France and Germany.

5(b) The Advisory Committee agrees with the Commission that the proposed concentration, due to the merger's vertical effects on the markets for anaesthesia machines, perioperative and critical care monitors and Clinical Information Systems, is likely to raise serious doubts as to the compatibility of the concentration with the common market in at least Belgium, Ireland, Sweden and the United Kingdom.

6. The Advisory Committee agrees with the Commission that the proposed commitments would solve the competition concerns identified in the market for perioperative monitors and dispel the serious doubts as regards the vertical issues concerning the markets for anaesthesia machines, perioperative and critical care monitors and Clinical Information Systems.

7. The Advisory Committee agrees with the Commission that the concentration should be declared compatible with the common market pursuant to Article 8 (2) of the Merger Regulation and with the EEA agreement, subject to compliance with the commitments.

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

9. The Advisory Committee asks the Commission to take into account the remarks and comments made by the Advisory Committee.