Opinion of the Advisory Committee on Concentrations given at the 79th meeting on 22 June 2000 concerning a preliminary draft decision relating to case COMP/M.1741 — MCI Worldcom/Sprint (Text with EEA relevance)
Official Journal C 277 , 18/11/2003 P. 0002 - 0002
Opinion of the Advisory Committee on Concentrations given at the 79th meeting on 22 June 2000 concerning a preliminary draft decision relating to case COMP/M.1741 - MCI Worldcom/Sprint (2003/C 277/02) (Text with EEA relevance) 1. The majority of the Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(a) of the EC Merger Regulation, and that the notified operation has a Community dimension. A minority does not agree. 2. The Advisory Committee agrees with the Commission that the relevant product markets are: (a) the market for top-level or universal Internet connectivity; (b) the market for the provision of packages of customised enhanced and value added corporate telecommunications services (GTS). 3. The Advisory Committee agrees with the Commission that the relevant geographic market (a) for the market for top-level or universal Internet connectivity is worldwide; (b) for the market for provision of GTS is worldwide. 4. The Advisory Committee agrees with the Commission that the concentration leads to the creation or the strengthening of a dominant position in the market for the provision of top-level or universal Internet connectivity. 5. The Advisory Committee agrees with the Commission's decision not to pursue further its objection to the market for the provision of GTS, as it could not be excluded that actual competitors could exercise enough competitive constraints on the two market leaders. 6. The Advisory Committee agrees with the Commission that the proposed undertakings are not appropriate to re-establish with enough certainty as to their effects immediate and effective competition on the relevant market for the provision of top-level Internet connectivity. 7. The majority of the Advisory Committee agrees with the Commission that the notified concentration consisting of the merger between MCI Worldcom and Sprint is declared incompatible with the common market and the functioning of the EEA Agreement. A minority does not agree. 8. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. 9. The Advisory Committee asks the Commission to take account of all points raised during the discussion in particular concerning the collecitve dominance issue on the GTS market.