Opinion of the Advisory Committee on concentrations given at the 69th meeting on 23 September 1999 concerning a preliminary draft decision relating to Case IV/M.1439 — Telia/Telenor
C 43/2 EN Official Journal of the European Communities 9. 2. 2001 OPINION of the Advisory Committee on concentrations given at the 69th meeting on 23 September 1999 concerning a preliminary draft decision relating to Case IV/M. 1439 - Telia/Telenor (2001/C 43/02) 1. The Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation and has a Community dimension as defined by Article 1(2) of the Regulation. 2. The Committee agrees with the Commission that the concentration creates or strengthens a dominant position in various Swedish and Norwegian markets for telephony services as well as at various levels of the TV distribution chain, as set out in the draft decision. 3. The Committee agrees with the Commission that the creation or strengthening of dominant positions is reinforced by the vertical integration of Telia and Telenor. 4. The Committee agrees with the Commission that the undertakings offered by the parties are insufficient to resolve the competition problems to which the merger gives rise and, therefore, that effective competition would be significantly impeded in the common market within the meaning of Article 2(3) of the Merger Regulation. 5. The Committee agrees with the Commission that the concentration should be declared incompatible with the common market and with the functioning of the EEA agreement. 6. The Committee invites the Commission to take note of the points made in discussion. 7. The Committee recommends publication of this Opinion in the Official Journal of the European Community. SUPPLEMENTARY OPINION of the Advisory Committee on concentrations given at the 70th meeting on 5 October 1999 concerning a preliminary draft decision relating to Case IV/M. 1439 - Telia/Telenor (2001/C 43/03) 1. The Committee agrees with the Commission that it was appropriate to accede to the requests from Sweden and Norway to extend the period for submission of undertakings under Article 18(2) of Commission Regulation (EC) No 447/98. 2. The Committee agrees with the Commission that the undertakings submitted by the parties on 24 September, pursuant to Article 8(2) of the Merger Regulation, are sufficient to resolve the competition problems to which the merger gives rise and, therefore, that effective competition would not be significantly impeded within the meaning of Article 2(3) of the Regulation. 3. The Committee agree with the Commission that, consequently, the concentration should be declared compatible with the common market and with the functioning of the EEA agreement. 4. The Committee agrees with the Commission to take note of the points made in discussion. 5. The Committee recommends publication of this supplementary Opinion in the Official Journal of the European Communities