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Document 52009XX1204(01)
Opinion of the Advisory Committee on mergers given at its meeting of 4 June 2009 regarding a draft decision relating to Case COMP/M.5335 — Lufthansa/SN Airholding — Rapporteur: Poland
Opinion of the Advisory Committee on mergers given at its meeting of 4 June 2009 regarding a draft decision relating to Case COMP/M.5335 — Lufthansa/SN Airholding — Rapporteur: Poland
Opinion of the Advisory Committee on mergers given at its meeting of 4 June 2009 regarding a draft decision relating to Case COMP/M.5335 — Lufthansa/SN Airholding — Rapporteur: Poland
IO C 295, 4.12.2009, p. 8–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
4.12.2009 |
EN |
Official Journal of the European Union |
C 295/8 |
Opinion of the Advisory Committee on mergers given at its meeting of 4 June 2009 regarding a draft decision relating to Case COMP/M.5335 — Lufthansa/SN Airholding
Rapporteur: Poland
2009/C 295/08
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 EC Merger Regulation. |
2. |
The Advisory Committee agrees with the Commission that the notified transaction can be deemed to have a Community dimension pursuant to Article 1(3) of the EC Merger Regulation. |
3. |
The Advisory Committee agrees with the Commission that the markets to be considered are:
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4. |
The Advisory Committee agrees with the Commission’s assessment that the notified operation as originally proposed by the notifying party, would significantly impede effective competition in the common market or in a substantial part of it with respect to passenger air transport on the following routes:
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5. |
The Advisory Committee agrees with the Commission’s assessment that the commitments submitted by the notifying party are susceptible to restore effective competition and render the concentration compatible with the common market on the following routes:
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6. |
The Advisory Committee agrees with the Commission’s assessment that the notified operation would not significantly impede effective competition in the common market or a substantial part of it with respect to the markets for passenger air transport on other short-haul, medium-haul and long-haul routes. |
7. |
The Advisory Committee agrees with the Commission’s assessment that the notified operation would not significantly impede effective competition in the common market or a substantial part of it with respect to the markets for air transport of cargo. |
8. |
The Advisory Committee agrees with the Commission that the notified concentration should be declared compatible with the common market and with the functioning of the EEA Agreement in accordance with Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement, subject to compliance with the commitments set out in the Annex to this draft decision. |