52003XX1118(02)

Opinion of the Advisory Committee on concentrations given at its 115th meeting on 16 April 2003 concerning a draft decision relating to Case COMP/M.2903 - DaimlerChrysler/Deutsche Telekom/JV

(2003/C 277/03)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentraion within the meaning of Article 3(1)(b) of the Merger Regulation and it has a Community Dimension as defined by Article 1(2) of that Regulation.

2. The Advisory Committee agrees with the Commission that a) the relevant product market affected by the concentration is the market for telematics systems for transport and logistics undertakings and b) the geographic scope of that market is limited to the territory of the Federal Republic of Germany.

3. A majority of the Advisory Committee agrees with the Commission that the notified joint venture would lead to the creation or strengthening of a dominant position in the German market for the telematics systems for transport and logistcs undertakings. A minority abstains.

4. A majority of the Advisory Committee agrees with the Commission that the set of undertakings submitted by the Parties is sufficient to remedy the competition concerns in the relevant market where the concentration would lead to the creation or strengthening of a dominant position. A minority abstains.

5. A majority of the Advisory Committee agrees with the Commission's draft Decision that, subject to full compliance with these commitments, the concentration should be declared compatible with the common market and the functioning of the EEA agreement. A minority abstains.

6. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. The Advisory Committee took note of the Final Report of the Hearing Officer.

7. The Advisory Committee asks the Commission to take into account the remarks and comments made by the Advisory Committee.