The German Competition Authority finds that where customers have dual or multi sources, a high combined market share does not allow direct conclusions with regard to the creation or strengthening of a dominant position (KLA-Tencor / Therma-Wave)

Summary The German Bundeskartellamt (‘FCO') found that the proposed concentration does not lead to the creation or strengthening of a dominant position in the provision of thin-film metrology tools, despite the fact that the two parties to the transactions were the leaders in the relevant market. In its decision the FCO pointed out that, post-merger, the two parties continue to be exposed to significant competitive pressures not only from a range of other suppliers, some of which provide equivalent products, but also from customers' strategies and requirements. In particular, the dual/multi-sourcing procurement processes and the highly innovation-driven nature of the

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  • Compass Lexecon (London)

Quotation

Urs Haegler, The German Competition Authority finds that where customers have dual or multi sources, a high combined market share does not allow direct conclusions with regard to the creation or strengthening of a dominant position (KLA-Tencor / Therma-Wave), 11 May 2007, e-Competitions Buyer power in mergers, Art. N° 14792

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