The Monopolies Commission therefore upholds the recommendation it made in its first opinion on this ministerial authorisation case in April 2003. It recommends that the Federal Minister for Economic Affairs reject the proposed merger and not approve it, even subject to conditions. The Monopolies Commission considers the restriction of competition on the market for subscription daily newspapers in Berlin, as established by the Federal Cartel Office, to be significant. The merger is likely to open up or expand scope for behaviour by the merging parties that is not subject to competitive constraints. It considers it particularly problematic that the reduction in incentives for the Berliner Zeitung to compete against the Tagesspiegel in West Berlin, brought about by the merger, is likely to lead to increased exploitation of the market power existing in East Berlin and to ease the Tagesspiegel’s position, whether through direct cross-subsidisation, or through the removal of competitive pressure from the *Berliner Zeitung* in West Berlin, which is the *Tagesspiegel*’s main sales area.