Final report of the Hearing Officer in case COMP /M.3178 — Bertelsmann/Springer

(pursuant to Article 15 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)

(2006/C 52/03)

On 4 November 2004 the Commission received notification of a proposed merger by which the undertakings Bertelsmann AG (Germany), its solely controlled subsidiary Gruner+Jahr AG & Co. KG (Germany), and Axel Springer AG (Germany), acquire joint control of the undertaking NewCo by way of purchase of shares in a newly created company constituting a joint venture.

Having examined the information submitted by the parties to the proposed merger and conducted a market survey, the Commission concluded that the merger raised serious doubts as to compatibility with the common market and the EEA Agreement. On 23 December 2004, therefore, the Commission initiated the procedure provided for by Article 6(1)(c) of the Merger Regulation.

Following a detailed market investigation, the Commission concluded that the proposed concentration did not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, and that it did not restrict competition within the meaning of Article 2 (4) of the Merger Regulation and Article 81 of the Treaty. Accordingly, no statement of objections was sent to the parties. In the course of the market investigation, the parties were granted access to key documents under section 7.2 of DG Competition Best Practices on the conduct of merger control proceedings.

The case does not call for any particular comments as regards the right to be heard.