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Document 52009XX0618(02)

Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG

SL C 138, 18.6.2009, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

18.6.2009   

EN

Official Journal of the European Union

C 138/7

Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG

2009/C 138/08

1.

The members of the Advisory Committee share the concerns of EFTA Surveillance Authority (the ‘Authority’) expressed in the preliminary assessment with regard to the non-competition obligations.

2.

The members of the Advisory Committee share the concerns of the Authority expressed in the preliminary assessment with regard to the strategic alignment provision pursuant to which Liechtensteinische Kraftwerke Anstalt (‘LKW’) and Telecom Liechtenstein AG (‘Telecom Liechtenstein’) coordinated network infrastructure planning.

3.

The members of the Advisory Committee agree that the practices in question could have an effect on trade between EEA Contracting Parties.

4.

The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein are sufficient to meet the concerns identified by the Authority in its preliminary assessment.

5.

The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein do not exceed the limits of what is appropriate and necessary to remove the restrictive effects of the non-competition obligations and strategic alignment provision.

6.

The members of the Advisory Committee agree to render the commitments binding on LKW and Telecom Liechtenstein for as long as the Consolidation Contract remains in force.

7.

The members of the Advisory Committee intend to recommend the publication of its opinion in the Official Journal of the European Union and the EEA Supplement.
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