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Document 52020M8870
Opinion of the Advisory Committee on mergers 20 August 2019 Case M.8870 – E.ON/Innogy Rapporteur: Denmark 2020/C 379/05
Opinion of the Advisory Committee on mergers 20 August 2019 Case M.8870 – E.ON/Innogy Rapporteur: Denmark 2020/C 379/05
Opinion of the Advisory Committee on mergers 20 August 2019 Case M.8870 – E.ON/Innogy Rapporteur: Denmark 2020/C 379/05
C/2019/6530
OJ C 379, 10.11.2020, p. 11–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
10.11.2020 |
EN |
Official Journal of the European Union |
C 379/11 |
Opinion of the Advisory Committee on mergers
20 August 2019
Case M.8870 – E.ON/Innogy
Rapporteur: Denmark
(2020/C 379/05)
Jurisdiction
1. |
The Advisory Committee (9 Member States) agrees with the Commission that the notified transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (‘the Merger Regulation’) (1). |
2. |
The Advisory Committee (9 Member States) agrees with the Commission that the notified transaction has a Union dimension pursuant to Article 1(2) of the Merger Regulation. |
Product market definition
3. |
The Advisory Committee (9 Member States) agrees with the conclusions reached by the Commission in the draft Decision in relation to the definition of the relevant product markets for:
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Geographic market definition
4. |
The Advisory Committee (9 Member States) agrees with the conclusions reached by the Commission in the draft Decision in relation to the definition of the relevant geographic markets for:
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Competitive assessment
5. |
The Advisory Committee (9 Member States) agrees with the Commission's assessment that the notified transaction would significantly impede effective competition as a result of horizontal non-coordinated effects in:
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6. |
The Advisory Committee agrees with the Commission's assessment that the notified transaction would not significantly impede effective competition as a result of horizontal non-coordinated effects in the following affected markets:
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7. |
The Advisory Committee (9 Member States) agrees with the Commission's assessment that the notified transaction would not significantly impede effective competition as a result of non-horizontal effects in:
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Commitments
8. |
The Advisory Committee (9 Member States) agrees with the Commission that the final commitments offered by the Notifying Party on 3 July 2019 remove the significant impediment to effective competition identified in the draft Decision. |
9. |
The Advisory Committee agrees with the Commission that, subject to the full compliance with the final commitments offered by the Notifying Party on 3 July 2019, the notified transaction would not significantly impede effective competition in the internal market or in a substantial part of it. 8 Member States voted in favour. 1 Member State voted against. |
Compatibility with the internal market and the EEA Agreement
10. |
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 Article 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement. 8 Member States voted in favour. 1 Member State voted against.
I hereby confirm that Ireland, Slovenia and United Kingdom participated in this Advisory Committee meeting via videoconferencing link and asked me to sign the Opinion of the Advisory Committee on their behalf. |
Patrick LINDBERG
Chair of the Advisory Committee meeting