Final Report (1) of the Hearing Officer in Case COMP/M.4942 — Nokia/Navteq

(2009/C 13/05)

On 19 February 2008, the Commission received a formal notification pursuant to Article 4 of the Merger Regulation by which Nokia Corporation (‘Nokia’), would acquire control of the whole of Navteq Corporation by way of purchase of shares, within the meaning of Article 3(1)(b) of the Merger Regulation.

Upon examination of the notification, the Commission concluded that the notified operation raised serious doubts as to its compatibility with the common market and the Agreement on the European Economic Area (‘EEA Agreement’). Therefore, on 28 March 2008, the Commission initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation.

On 21 April 2008 and 2 May 2008, the Commission provided Nokia with access to key documents, including non-confidential versions of third-party submissions, in accordance with paragraph 45 of DG Competition's Best Practices on the conduct of EC merger control proceedings.

On the basis of the additional evidence gathered during the in-depth phase of the investigation, the Commission services concluded that the proposed transaction would not significantly impede effective competition in the common market, and is therefore compatible with the common market and the EEA Agreement. Accordingly, no Statement of Objections was sent to the notifying party.

No queries or submissions have been made to me by the merging parties or any third-party. The case does not call for any particular comments as regards the right to be heard.

(1)  Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).