Opinion of the Advisory Committee on concentrations given at the 71st meeting on 18 November 1999 concerning a preliminary draft decision relating to Case COMP M.1608 — KLM/Martinair III (Additional Procedure)Text with EEA relevance
23. 2. 2005 EN Official Journal of the European Union C 47/5 Opinion of the Advisory Committee on concentrations given at the 71st meeting on 18 November 1999 concerning a preliminary draft decision relating to Case COMP M. 1608 — KLM/Martinair III (Additional Procedure) (2005/C 47/03) (Text with EEA relevance) 1. The Advisory Committee agrees with the Commission that KLM submitted incorrect/misleading infor- mation concerning Transavia's charter flight destinations to the Mediterranean area. 2. The Advisory Committee agrees with the Commission that KLM provided incorrect/misleading informa- tion regarding Transavia's scheduled services to the Mediterranean area. 3. The Advisory Committee agrees with the Commission's view that the misleading/incorrect information on Transavia's charter flights concerned important market issues of the intended merger and that the behaviour of KLM constitutes a serious infringement within the meaning of Article 14(1)(b). 4. The Advisory Committee agrees with the Commission's view that the misleading/incorrect information on Transavia's scheduled flights concerned important market issues of the intended merger and that the behaviour of KLM constitutes a serious infringement within the meaning of Article 14(1)(b). 5. The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's charter flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine. 6. The Advisory Committee agrees with the Commission that the misleading/incorrect information on Transavia's scheduled flights has been given at least negligently and that the behaviour of KLM therefore justifies the imposition of a fine. 7. The majority of the Advisory Committee agrees with the level of the fine the Commission proposes in the draft decision, a minority disagrees. 8. The Advisory Committee invites the Commission to take into account all the other points raised by the Member States during the discussion. 9. The Advisory Committee recommends publication of this Opinion in the Official Journal of the European Communities