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The Competition Authority Council adopts a decision of non-opposition to Merger 14/2010 - Air Berlin/NIKI

Case: Competition Authority - DCC- CCENT No. 14/2010 - Air Berlin PLC & Co / NIKI Luftfahrt GmbH

Notified on 13 April 2010, this merger operation consists of the acquisition, by Air Berlin PLC & Co. Luftverkehrs KG (AIR BERLIN), of exclusive control of the company NIKI Luftfahrt GmbH (NIKI), by means of the acquisition of 100% of its shareholdings and the trademark and ownership rights related to its business activities.

Undertakings involved:

  • Air Berlin PLC & Co. Luftverkehrs KG - a company that provides air transport services to private passengers and tour operators; it is also active in the field of maintenance/repair and air cargo.
  • NIKI Luftfahrt GmbH - A company that provides air transport services to private persons and tour operators; it is not, however, active in the field of maintenance/repair or air cargo.

Air Berlin PLC & Co. Luftverkehrs KG (AIR BERLIN) notifies acquisition of exclusive control of the company NIKI Luftfahrt GmbH (NIKI), by means of the acquisition of 100% of its shareholdings and the trademark and ownership rights related to its business activities.

(Notice published in the Diário de Notícias and Diário Económico of 20 April 2010)

On 20 May 2010, exercising the powers conferred on it by Article 17 (1) b) of its statutes, approved by Decree-Law 10/2003 of 18 January, the Council of the Competition Authority decided, under Article 35 (1) b) of Law No. 18/2003 of 11 June, to adopt a ruling of non-opposition to this merger operation, on the grounds that it is not liable to create or reinforce a dominant position that may result in significant barriers to effective competition in the relevant air passenger transport markets identified.



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