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Document 52015XX1208(01)
Opinion of the Advisory Committee on mergers given at its meeting of 7 May 2015 regarding a draft decision relating to Case M.7421 Orange/Jazztel — Rapporteur: Ireland
Opinion of the Advisory Committee on mergers given at its meeting of 7 May 2015 regarding a draft decision relating to Case M.7421 Orange/Jazztel — Rapporteur: Ireland
Opinion of the Advisory Committee on mergers given at its meeting of 7 May 2015 regarding a draft decision relating to Case M.7421 Orange/Jazztel — Rapporteur: Ireland
OJ C 407, 8.12.2015, p. 14–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.12.2015 |
EN |
Official Journal of the European Union |
C 407/14 |
Opinion of the Advisory Committee on mergers given at its meeting of 7 May 2015 regarding a draft decision relating to Case M.7421 Orange/Jazztel
Rapporteur: Ireland
(2015/C 407/08)
Concentration
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. |
2. |
The Advisory Committee agrees with the Commission that the notified transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
Market definition
3. |
The Advisory Committee agrees with the Commission’s definitions of the relevant product and geographic markets in the draft Decision. |
4. |
In particular, the Advisory Committee agrees that the following markets should be distinguished.
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Horizontal effects
5. |
The Advisory Committee agrees with the Commission’s assessment that the proposed operation is likely to give rise to non-coordinated horizontal effects that would significantly impede effective competition due to the removal of two important competitive forces (Orange and Jazztel) on:
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6. |
The Advisory Committee agrees with the Commission’s assessment that the proposed operation is not likely to give rise to non-coordinated horizontal effects that would significantly impede effective competition in:
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Vertical effects
7. |
The Advisory Committee agrees with the Commission’s assessment that the proposed operation is not likely to give rise to non-coordinated vertical effects that would significantly impede effective competition in:
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Efficiencies
8. |
The Advisory Committee agrees with the Commission’s assessment not to accept efficiency claims of the Notifying Party relating to:
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9. |
The Advisory Committee agrees with the Commission’s assessment to accept efficiency claims of the Notifying Party relating to the elimination of double marginalisation of mobile services provided by Orange to Jazztel. |
Remedies
10. |
The Advisory Committee agrees with the Commission that the final commitments offered by the Notifying Party on 20 April 2015 address the competition concerns identified by the Commission on the Spanish retail market for fixed internet access services, the possible Spanish retail market for dual-play services, the possible Spanish retail market for triple-play services, the possible Spanish retail market for triple- and quadruple-play services, and the possible Spanish retail market for multiple-play services. |
11. |
The Advisory Committee agrees with the Commission’s conclusion that, subject to the full compliance with the final commitments, the notified transaction is not likely to significantly impede effective competition in the internal market or in a substantial part of it. |
12. |
The Advisory Committee agrees with the Commission that the notified transaction must therefore be declared compatible with the internal market and the functioning of the EEA Agreement in accordance with Articles 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. |
Other issues raised during the discussion:
Several Member States expressed their disagreement with the Commission’s decision not to refer the case to Spain on the basis of Article 9 of the Merger Regulation.