EXCLUSIVE - EU sees Nokia, TomTom deals as similar

By David Lawsky

BRUSSELS (Reuters) - The European Commission has told customers and competitors of the world's biggest mobile phone maker, Nokia, and map maker Navteq that their deal resembles one it cleared on Wednesday.

Investors have been wondering whether the European Union competition regulator's decision to clear without conditions the purchase of map maker Tele Atlas by TomTom sets a precedent for the Nokia decision.

Confidential Commission questionnaires obtained by Reuters show regulators are bound to make an independent investigation of Nokia, even though Brussels acknowledges the deals are similar.

Nokia has offered $8.1 billion for Navteq, which, like Tele Atlas, is used in car navigation devices, telephone handsets and Web maps for Yahoo and Google. TomTom makes automobile navigation devices.

"Although the two transactions involve largely the same markets .... the merger regulation obliges the Commission to investigate separately the Nokia/Navteq merger," the EU executive said in a questionnaire dated from February.

"If you responded to the market investigation in the Tom Tom/Tele Atlas case, you can provide the same answers by 'copying and pasting' the submission you made on that occasion," it advised.

But some questions were unique to the Nokia case.

The Finnish mobile phone maker is many times the size of TomTom, with deeper pockets and 40 percent of the handset market, making it a more dominant player in its own sector.