52002XX0507(01)

Opinion of the Advisory Committee on Concentrations delivered at its 73rd meeting on 24 January 2000 on a preliminary draft Decision in Case COMP/M.1641 - Linde/AGA

(2002/C 110/06)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the product markets should be defined in terms of the different types of gas sold, and the different forms of distribution: on-site plants and pipelines, liquefied gas, and cylinders.

2. The Advisory Committee agrees with the Commission that in the case of liquefied and cylinder gases the relevant geographic markets will not as a rule extend beyond the territory of one Member State at a time.

3. The Advisory Committee agrees with the Commission that the concentration initially proposed would place AGA/Linde in a dominant position on the market in cylinder gases in the Netherlands.

4. The Advisory Committee agrees with the Commission that the concentration initially proposed would place AGA/Linde in a dominant position on the markets in liquefied and cylinder gases in Austria.

5. (a) A majority of the Advisory Committee agrees with the Commission that the concentration proposed does not raise any problem of competition on the market in gases in Germany. A minority takes the view that the concentration proposed would create or strengthen a joint dominant position held by Linde/AGA and Messer on the gas markets in Germany. Another minority abstrains.

(b) The Advisory Committee agrees with the Commission that the concentration proposed does not raise any problem of competition on the Scandinavian gas markets.

6. The Advisory Committee agrees with the Commission that the commitments entered into by the parties are such as to overcome the problems of competition identified in points 3 and 4.

7. The Advisory Committee asks the Commission to take account of all the other points raised during the discussion, and recommends that this opinion be published.