,3

Brussels, 20 June 2001

&RPPLVVLRQ FOHDUV 0$1¶V WDNHRYHU RI $XZlUWHU 1HRSODQ

)ROORZLQJ DWKRURXJK LQYHVWLJDWLRQWKH (XURSHDQ &RPPLVVLRQ KDV JUDQWHG UHJXODWRU\ DSSURYDO WR WKH SURSRVHG WDNHRYHU RI $XZlUWHU WKH *HUPDQ FRPSDQ\ZKLFKPDNHVWKH1HRSODQEXVHVDQGFRDFKHVE\WKH0$1JURXS 7KH &RPPLVVLRQ KDV FRQFOXGHG WKDW GHVSLWH WKH DFTXLVLWLRQ HIIHFWLYH FRPSHWLWLRQEHWZHHQ0$1$XZlUWHUDQG'DLPOHU&KU\VOHU¶V(YR%XVWKHWZR PDLQSOD\HUVLQWKH*HUPDQFLW\EXVPDUNHWZLOOSUHYDLO

The Commission has examined carefully the acquisition by MAN Nutzfahrzeuge AG, a truck and bus producer located in Munich, Germany, of Gottlob Auwärter GmbH, another German firm based in Stuttgart which sells buses and coaches under the Neoplan brand name. The Commission has concluded that the German bus market sector will remain competitive even after the acquisition, as the DaimlerChrysler group will continue to be the leading bus manufacturer. DaimlerChrysler group owns EvoBus, which produces buses and coaches under the Mercedes-Benz and Setra brand names. Auwärter is a non-integrated bus manufacturer which sources engines and chassis from other companies. The company is a relatively small player in the bus market, which is, in Germany, already largely dominated by MAN and EvoBus. The main impact of the merger will be on the city-bus market in Germany. MAN/Auwärter and EvoBus will each supply just under half of that market, leading the Commission to investigate in detail whether the merger would pose the danger of joint market dominance in Germany by means of tacit coordination between the two groups. Such coordination is in theory possible, despite the fact that Europe-wide invitations to tender are required for city buses. Following a close examination of the case, however, the Commission concluded to the absence of any such risk. First of all, the Commission found that any tacit division of the market between EvoBus and MAN/Auwärter was not likely as there would be no viable coordination mechanism. Secondly, significant disparities between EvoBus and MAN/Auwärter, such as different cost structures, will make it likely that the companies will compete rather than collude. The Commission believes that there is at present effective competition on the German market; the disappearance of Auwärter as an independent supplier as a result of the merger will not alter this. Nor did the other relevant product markets (intercity buses and touring coaches in Germany, city buses, intercity buses and touring coaches in Austria) give rise to any competition concerns.