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Document 52006XX0627(01)

Opinion of the Advisory Committee on concentrations given at its 134th meeting on 9 August 2005 concerning a draft decision relating to case COMP/M.3687 — Johnson&Johnson/Guidant

ĠU C 149, 27.6.2006, p. 2–3 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

27.6.2006   

EN

Official Journal of the European Union

C 149/2

Opinion of the Advisory Committee on concentrations given at its 134th meeting on 9 August 2005 concerning a draft decision relating to case COMP/M.3687 — Johnson&Johnson/Guidant

(2006/C 149/02)

1.

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

2.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets are

In interventional cardiology (IC) devices:

(a)

Drug-eluting stents (DES),

(b)

Bare metal stents (BMS),

(c)

Coronary guiding catheters,

(d)

Percutaneous transluminal coronary angioplasty (PTCA) balloon catheters,

(e)

Steerable guidewires (SGW).

In endovascular devices:

(f)

Endovascular guiding catheters,

(g)

Steerable guidewires (SGW),

(h)

Percutaneous transluminal angioplasty (PTA) balloon catheters,

(i)

Embolic protection devices (EPD),

(j)

Balloon expandable stents (BX),

(k)

Self expandable carotid stents (SX carotid stents),

(l)

Self expandable non-carotid stents (SX non-carotid stents).

In cardiac surgery devices:

(m)

Beating-heart surgery systems,

(n)

Blowers and misters,

(o)

Endoscopic vessel harvesting systems (EVH).

3.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant geographic markets are national for all of the above mentioned product markets.

4.

A majority of the Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it (within the meaning of Article 2(2) of the Merger Regulation) and the EEA for the following markets

In interventional cardiology (IC) devices:

(a)

Drug-eluting stents (DES),

(b)

Bare metal stents (BMS),

(c)

Coronary guiding catheters,

(d)

Percutaneous transluminal coronary angioplasty (PTCA) balloon catheters.

In endovascular devices:

(e)

Endovascular guiding catheters,

(f)

Steerable guidewires (SGW),

(g)

Percutaneous transluminal angioplasty (PTA) balloon catheters,

(h)

Embolic protection devices (EPD).

In cardiac surgery devices:

(i)

Beating-heart surgery systems,

(j)

Blowers and misters.

A minority of the Advisory Committee disagrees.

5.

The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or in a substantial part of it and the EEA

In interventional cardiology (IC) devices:

(a)

as a result of the strengthening of Guidant's dominant postition in the market for steerable guidewires (SGW).

In endovascular devices:

(b)

in particular as a result of the creation of a dominant position in the national markets of Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands, Portugal and Spain for balloon expandable stents (BX);

(c)

in particular as a result of the creation of a dominant position, as the proposed concentration will give rise to non-coordinated adverse effects in the national markets of Austria, Belgium, France, Finland, Germany, Italy, Luxembourg, the Netherlands, Portugal and Spain for self expandable carotid stents (SX carotid stents);

(d)

in particular as a result of the creation or the strengthening of a dominant position, as the proposed concentration will give rise to non-coordinated adverse effects in the national markets of Austria, Belgium, Germany, and the Netherlands for self expandable non-carotid stents (SX non-carotid stents).

In cardiac surgery devices:

(e)

as the concentration will give rise to a dominant position in the market for Endoscopic vessel harvesting systems (EVH).

6.

A majority of the Advisory Committee agrees with the Commission that the commitments are sufficient to remove the significant impediments to competition on the markets for:

(a)

Coronary steerable guidewires (SGW),

(b)

Balloon expandable stents (BX),

(c)

Self expandable carotid stents (SX carotid stents),

(d)

Self expandable non-carotid stents (SX non-carotid stents),

(e)

Endoscopic vessel harvesting systems (EVH).

A minority of the Advisory Committee disagrees.

7.

A majority of the Advisory Committee agrees with the Commission that, subject to full compliance with the undertakings offered by the parties, the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with Article 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement.

A minority of the Advisory Committee disagrees.

8.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.
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