52002XX0503(02)

Opinion of the Advisory Committee on Concentrations given at its 95th meeting on 8 June 2001 concerning a preliminary draft decision relating to Case COMP/M.2201 - MAN/Auwärter

(2002/C 106/04)

(Text with EEA relevance)

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

2. The Advisory Committee agrees with the Commission that the relevant product markets are

(a) city buses;

(b) intercity buses; and

(c) touring coaches.

3. The Advisory Committee agrees with the Commission that significant factors point to the existence of national markets, but that the exact geographic market definition can be left open.

4. The Advisory Committee agrees with the Commission that the concentration does not lead to the creation or strengthening of a single dominant position in Germany or in other parts of the European Economic Area.

5. The Advisory Committee agrees with the Commission that the concentration does not lead to the creation of a dominant duopoly on the German market for city buses.

6. The Advisory Committee agrees with the Commission that the notified concentration should be declared compatible with the common market and the functioning of the EEA Agreement.

7. The Commission takes into account the remarks and comments made by the Advisory Committee.

8. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Communities.