On other Greek domestic routes where both airlines operate alongside Cyprus Airways (i.e. from Athens to Thessaloniki, Heraklion and Rhodes), the transaction would remove an important competitor. Moreover, the Commission's investigation provided indications that the two airlines' largest competitor, Cyprus Airways, may not continue to act as a viable competitive force on the Greek domestic market in the future. Finally, the Commission's initial market investigation revealed no indications of entry prospects that would occur on a scale and within a timeframe capable of constraining the merged entity and disciplining its pricing behavior. 

The commitments proposed by Aegean during the preliminary investigation did not address these serious competition concerns. The Commission will now investigate the proposed acquisition in depth to determine whether its initial concerns are confirmed or not. On 26 January 2011, the Commission prohibited the first proposed combination of Olympic Air and Aegean Airlines in case M.5830 (see IP/11/678) In that case, the Commission found competition concerns on 10 Greek domestic routes out of Athens, with a quasi-monopoly on nine of these routes and a loss of potential competition on one route. As part of its current investigation, the Commission is examining the changes in the market circumstances that have occurred since the 2011 decision. 

Aegean is a Greek airline providing air transport of passengers and, to a more limited extent, cargo services. Since 1999, Aegean has been offering scheduled flights on Greek domestic routes and international short-haul routes. It operates a base at Athens International Airport. It currently serves approximately 53 international and domestic short-haul destinations. Aegean is a member of the Star Alliance. Olympic is a Greek airline active in air transport of passengers and cargo. Like Aegean, Olympic operates a base at Athens International Airport and currently serves approximately 45 short-haul destinations, mainly within Greece. Olympic does not belong to any airline alliance. 

The Commission has the duty to assess mergers and acquisitions involving companies with a turnover above certain thresholds (see Article 1 of the Merger Regulation) and to prevent concentrations that would significantly impede effective competition in the EEA or any substantial part of it. The vast majority of notified mergers does not pose competition problems and are cleared after a routine review. From the moment a transaction is notified, the Commission generally has a total of 25 working days to decide whether to grant approval (phase I) or to start an in-depth investigation (phase II). 

There are currently three other on-going phase II merger investigations. The first one examines the proposed combination of Munksjö and the European label and processing business of Ahlstrom, in the paper industry, with a deadline on June 7, 2013. The second phase II investigation concerns the proposed acquisition of a roaming technologies company Mach by its rival Syniverse, with a deadline on May 30, 2013. The last ongoing phase II investigation was opened in March into the proposed acquisition of Shell's Harburg refinery assets by Nynas of Sweden. The deadline here is September 6, 2013. 

Aegean Airlines executive Vice Chairman, Eftichios Vassilakis said “recent adverse developments in our region contribute to the unprecedented recessionary environment and further intensify the requirement for the creation of a Greek carrier with adequate scale, so as to be competitive, viable and able to support the local economy.  

“We appreciate the time, effort and resources that DG Comp Services have dedicated and will continue to dedicate in this process. We will continue to cooperate constructively with them so as to achieve the required synergies while safeguarding consumer interests. After all Aegean has already responded to consumers needs in Greece by reducing its average domestic fare by over 25% relative to 2009, despite substantially higher fuel prices”. 

Remedies already offered or currently under discussion are confidential. However, as the Greek people have been severely affected by the now four year old unprecedented crisis, it is important to note that among several other commitments offered or under consideration, Aegean Airlines has also proposed price policy commitments in the domestic routes that would be affected by the transaction.