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Document 52007XX0329(03)

    Opinion of the Advisory Committee on concentrations given at its 139th meeting on 7 April 2006 concerning a draft decision relating to Case COMP/M.3916 — T-Mobile Austria/Tele.ring — Rapporteur: Luxembourg

    OJ C 72, 29.3.2007, p. 46–46 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

    29.3.2007   

    EN

    Official Journal of the European Union

    C 72/46

    Opinion of the Advisory Committee on concentrations given at its 139th meeting on 7 April 2006 concerning a draft decision relating to Case COMP/M.3916 — T-Mobile Austria/Tele.ring

    Rapporteur: Luxembourg

    (2007/C 72/21)

    1.

    The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of Council Regulation (EC) No 139/2004 (1) and that it has a Community dimension.

    2.

    The majority of the Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are the following:

    a)

    The market for provision of mobile telecommunication services to end consumers;

    b)

    The market for wholesale of termination services;

    c)

    The market for wholesale international roaming services.

    A minority disagrees with respect to a) and a minority abstains for c).

    3.

    The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are national.

    4.

    The majority of the Advisory Committee agrees with the Commission that the operation as notified would give rise to non-coordinated effects in the Austrian market for the provision of mobile telecommunication services to end consumers and therefore result in a significant impediment of effective competition in that market. A minority abstains.

    5.

    The Advisory Committee agrees with the Commission that the efficiency claims raised by T-Mobile are very unlikely to take place after the concentration.

    6.

    The majority of the Advisory Committee agrees with the Commission that the commitments submitted by the parties are sufficient to remove the competition concerns raised and that, as a result, the concentration should be declared compatible with the Common Market. A minority disagrees.

    7.

    The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

    (1)  JO L 24 du 29.1.2004, p. 1.

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