# Official Journal C 112/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.112.eng |
| --- | --- |
| Official Journal
  of the European Union | C 112 |
| | |
| English edition | Information and Notices | Volume 5619 April 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.112.eng

Official Journal

of the European Union

C 112

English edition

Information and Notices

Volume 5619 April 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 112/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 112/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 112/02 | Euro exchange rates | 5 |
| | Court of Auditors |
| 2013/C 112/03 | Special Report No 23/2012 Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites? | 6 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 112/04 | Notice of the Ministry of Economic Development of the Italian Republic pursuant to Article 3(2)(b) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 112/02

Euro exchange rates

5

Court of Auditors

2013/C 112/03

Special Report No 23/2012 Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?

6

NOTICES FROM MEMBER STATES

2013/C 112/04

Notice of the Ministry of Economic Development of the Italian Republic pursuant to Article 3(2)(b) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

7

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 112/05 | Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS (
  1
  ) | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 112/05

Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS (
  1
  )

1

9

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.4.2013 | EN | Official Journal of the European Union | C 112/1 |
| --- | --- | --- | --- |

19.4.2013

EN

Official Journal of the European Union

C 112/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 112/01

| Date of adoption of the decision | 25.7.2012 |
| --- | --- |
| Reference number of State Aid | SA.34408 (12/N) |
| Member State | Finland |
| Region | — | — |
| Title (and/or name of the beneficiary) | Suomen laivanrakennusteollisuuden innovaatiotukiohjelma/Innovationsstöd till den finländska varvsindustrin |
| Legal basis | Valtionavustuslaki (688/2001), Valtioneuvoston asetus laivanrakennuksen innovaatioihin myönnettävästä valtionavustuksesta/Statsunderstödslag (688/2001), Statsrådets förordning om statsunderstöd för innovationer inom skeppsbyggnad |
| Type of measure | Scheme | — |
| Objective | Innovation, Sectoral development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 60 million |
| Intensity | 30 % |
| Duration (period) | 1.8.2012-31.12.2013 |
| Economic sectors | Building of ships and floating structures |
| Name and address of the granting authority | Varsinais-Suomen elinkeino-, liikenne- ja ympäristökeskus/Närings-, trafik- och miljöcentralen i Egentliga Finland |
| Kirjaamo/Registratur |
| PL/PB 236 |
| FI-20101 Turku/Åbo |
| SUOMI/FINLAND |

Date of adoption of the decision

25.7.2012

Reference number of State Aid

SA.34408 (12/N)

Member State

Finland

Region

—

—

Title (and/or name of the beneficiary)

Suomen laivanrakennusteollisuuden innovaatiotukiohjelma/Innovationsstöd till den finländska varvsindustrin

Legal basis

Valtionavustuslaki (688/2001), Valtioneuvoston asetus laivanrakennuksen innovaatioihin myönnettävästä valtionavustuksesta/Statsunderstödslag (688/2001), Statsrådets förordning om statsunderstöd för innovationer inom skeppsbyggnad

Type of measure

Scheme

—

Objective

Innovation, Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 60 million

Intensity

30 %

Duration (period)

1.8.2012-31.12.2013

Economic sectors

Building of ships and floating structures

Name and address of the granting authority

Varsinais-Suomen elinkeino-, liikenne- ja ympäristökeskus/Närings-, trafik- och miljöcentralen i Egentliga Finland

Kirjaamo/Registratur

PL/PB 236

FI-20101 Turku/Åbo

SUOMI/FINLAND

| Työ- ja elinkeinoministeriö/Arbets- och näringsministeriet |
| --- |
| PL/PB 32 |
| FI-00023 Valtioneuvosto/Statsrådet |
| SUOMI/FINLAND |

Työ- ja elinkeinoministeriö/Arbets- och näringsministeriet

PL/PB 32

FI-00023 Valtioneuvosto/Statsrådet

SUOMI/FINLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 25.3.2013 |
| --- | --- |
| Reference number of State Aid | SA.35563 (13/N) |
| Member State | United Kingdom |
| Region | — | — |
| Title (and/or name of the beneficiary) | High-end television tax relief |
| Legal basis | Finance Bill 2013 |
| Type of measure | Scheme | — |
| Objective | Culture |
| Form of aid | Tax rate reduction |
| Budget | Overall budget: GBP 205 million |
| Intensity | 20 % |
| Duration (period) | 1.4.2013-31.3.2018 |
| Economic sectors | Creative, arts and entertainment activities |
| Name and address of the granting authority | HM Treasury |
| 1 Horse Guards Road |
| London |
| SW1A 2HQ |
| UNITED KINGDOM |

Date of adoption of the decision

25.3.2013

Reference number of State Aid

SA.35563 (13/N)

Member State

United Kingdom

Region

—

—

Title (and/or name of the beneficiary)

High-end television tax relief

Legal basis

Finance Bill 2013

Type of measure

Scheme

—

Objective

Culture

Form of aid

Tax rate reduction

Budget

Overall budget: GBP 205 million

Intensity

20 %

Duration (period)

1.4.2013-31.3.2018

Economic sectors

Creative, arts and entertainment activities

Name and address of the granting authority

HM Treasury

1 Horse Guards Road

London

SW1A 2HQ

UNITED KINGDOM

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 25.3.2013 |
| --- | --- |
| Reference number of State Aid | SA.35564 (13/N) |
| Member State | United Kingdom |
| Region | — | — |
| Title (and/or name of the beneficiary) | Animation tax relief |
| Legal basis | Finance Bill 2013 |
| Type of measure | Scheme | — |
| Objective | Culture |
| Form of aid | Tax rate reduction |
| Budget | Overall budget: GBP 60 million |
| Intensity | 20 % |
| Duration (period) | 1.4.2013-31.3.2018 |
| Economic sectors | Creative, arts and entertainment activities |
| Name and address of the granting authority | HM Treasury |
| 1 Horse Guards Road |
| London |
| SW1A 2HQ |
| UNITED KINGDOM |

Date of adoption of the decision

25.3.2013

Reference number of State Aid

SA.35564 (13/N)

Member State

United Kingdom

Region

—

—

Title (and/or name of the beneficiary)

Animation tax relief

Legal basis

Finance Bill 2013

Type of measure

Scheme

—

Objective

Culture

Form of aid

Tax rate reduction

Budget

Overall budget: GBP 60 million

Intensity

20 %

Duration (period)

1.4.2013-31.3.2018

Economic sectors

Creative, arts and entertainment activities

Name and address of the granting authority

HM Treasury

1 Horse Guards Road

London

SW1A 2HQ

UNITED KINGDOM

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 20.3.2013 |
| --- | --- |
| Reference number of State Aid | SA.35575 (12/N) |
| Member State | France |
| Region | — | — |
| Title (and/or name of the beneficiary) | Plan d'aide au report modal vers le transport par voies navigables pour la période 2013-2017 |
| Legal basis | Article 3 du décret no 60-1441 du 26 décembre 1960 portant statut de voies navigables de France modifié par l'article 2 du décret no 2008-1321 du 16 décembre 2008. |
| Type of measure | Scheme | — |
| Objective | Sectoral development |
| Form of aid | Direct grant |
| Budget | | Overall budget: EUR 14 million |

Date of adoption of the decision

20.3.2013

Reference number of State Aid

SA.35575 (12/N)

Member State

France

Region

—

—

Title (and/or name of the beneficiary)

Plan d'aide au report modal vers le transport par voies navigables pour la période 2013-2017

Legal basis

Article 3 du décret no 60-1441 du 26 décembre 1960 portant statut de voies navigables de France modifié par l'article 2 du décret no 2008-1321 du 16 décembre 2008.

Type of measure

Scheme

—

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 14 million

| | Annual budget: EUR 2,80 million |
| --- | --- |

Annual budget: EUR 2,80 million

Intensity

50 %

Duration (period)

20.3.2013-31.12.2017

Economic sectors

Service activities incidental to land transportation, Cargo handling, Inland freight water transport

Name and address of the granting authority

| SGAE |
| --- |
| 68 rue de Bellechasse |
| 75007 Paris |
| FRANCE |

SGAE

68 rue de Bellechasse

75007 Paris

FRANCE

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.4.2013 | EN | Official Journal of the European Union | C 112/5 |
| --- | --- | --- | --- |

19.4.2013

EN

Official Journal of the European Union

C 112/5

---

Euro exchange rates (1)

18 April 2013

2013/C 112/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3045 |
| JPY | Japanese yen | 128,40 |
| DKK | Danish krone | 7,4553 |
| GBP | Pound sterling | 0,85480 |
| SEK | Swedish krona | 8,5008 |
| CHF | Swiss franc | 1,2164 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,5870 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,875 |
| HUF | Hungarian forint | 297,97 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7002 |
| PLN | Polish zloty | 4,1147 |
| RON | Romanian leu | 4,3729 |
| TRY | Turkish lira | 2,3422 |
| AUD | Australian dollar | 1,2633 |
| CAD | Canadian dollar | 1,3362 |
| HKD | Hong Kong dollar | 10,1268 |
| NZD | New Zealand dollar | 1,5454 |
| SGD | Singapore dollar | 1,6112 |
| KRW | South Korean won | 1 461,22 |
| ZAR | South African rand | 11,9538 |
| CNY | Chinese yuan renminbi | 8,0632 |
| HRK | Croatian kuna | 7,6147 |
| IDR | Indonesian rupiah | 12 675,98 |
| MYR | Malaysian ringgit | 3,9579 |
| PHP | Philippine peso | 53,781 |
| RUB | Russian rouble | 41,2100 |
| THB | Thai baht | 37,452 |
| BRL | Brazilian real | 2,6207 |
| MXN | Mexican peso | 15,8927 |
| INR | Indian rupee | 70,4070 |

Currency

Exchange rate

USD

US dollar

1,3045

JPY

Japanese yen

128,40

DKK

Danish krone

7,4553

GBP

Pound sterling

0,85480

SEK

Swedish krona

8,5008

CHF

Swiss franc

1,2164

ISK

Iceland króna

NOK

Norwegian krone

7,5870

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,875

HUF

Hungarian forint

297,97

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7002

PLN

Polish zloty

4,1147

RON

Romanian leu

4,3729

TRY

Turkish lira

2,3422

AUD

Australian dollar

1,2633

CAD

Canadian dollar

1,3362

HKD

Hong Kong dollar

10,1268

NZD

New Zealand dollar

1,5454

SGD

Singapore dollar

1,6112

KRW

South Korean won

1 461,22

ZAR

South African rand

11,9538

CNY

Chinese yuan renminbi

8,0632

HRK

Croatian kuna

7,6147

IDR

Indonesian rupiah

12 675,98

MYR

Malaysian ringgit

3,9579

PHP

Philippine peso

53,781

RUB

Russian rouble

41,2100

THB

Thai baht

37,452

BRL

Brazilian real

2,6207

MXN

Mexican peso

15,8927

INR

Indian rupee

70,4070

---

(1)  Source: reference exchange rate published by the ECB.

---

Court of Auditors

| 19.4.2013 | EN | Official Journal of the European Union | C 112/6 |
| --- | --- | --- | --- |

19.4.2013

EN

Official Journal of the European Union

C 112/6

---

Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’

2013/C 112/03

The European Court of Auditors hereby informs you that Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Unit ‘Audit: Production of Reports’ |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: eca-info@eca.europa.eu |

European Court of Auditors

Unit ‘Audit: Production of Reports’

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: eca-info@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---

NOTICES FROM MEMBER STATES

| 19.4.2013 | EN | Official Journal of the European Union | C 112/7 |
| --- | --- | --- | --- |

19.4.2013

EN

Official Journal of the European Union

C 112/7

---

Notice of the Ministry of Economic Development of the Italian Republic pursuant to Article 3(2)(b) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

2013/C 112/04

The Ministry of Economic Development hereby announces that an application for a licence to explore for hydrocarbons, conventionally known as the ‘Tardiano’ licence, has been received from the company Apennine Energy Spa for an area located in the regions of Basilicata and Campania, principally in the provinces of Potenza and Salerno, demarcated by meridian and parallel arcs with the following coordinates:

| Point | Longitude east measured from the monte mario meridian | Latitude north |
| --- | --- | --- |
| A | 3°22′ | 40°20′ |
| B | 3°23′ | 40°20′ |
| C | 3°23′ | 40°18′ |
| D | 3°22′ | 40°18′ |
| E | 3°22′ | 40°14′ |
| F | 3°27′ | 40°14′ |
| G | 3°27′ | 40°13′ |
| H | 3°28′ | 40°13′ |
| I | 3°28′ | 40°12′ |
| L | 3°29′ | 40°12′ |
| M | 3°29′ | 40°11′ |
| N | 3°30′ | 40°11′ |
| O | 3°30′ | 40°09′ |
| P | 3°27′ | 40°09′ |
| Q | 3°27′ | 40°08′ |
| R | 3°24′ | 40°08′ |
| S | 3°24′ | 40°09′ |
| T | 3°22′ | 40°09′ |
| U | 3°22′ | 40°10′ |
| V | 3°21′ | 40°10′ |
| Z | 3°21′ | 40°11′ |
| A’ | 3°20′ | 40°11′ |
| B’ | 3°20′ | 40°12′ |
| C’ | 3°19′ | 40°12′ |
| D’ | 3°19′ | 40°13′ |
| E’ | 3°14′ | 40°13′ |
| F’ | 3°14′ | 40°16′ |
| G’ | 3°15′ | 40°16′ |
| H’ | 3°15′ | 40°17′ |
| I’ | 3°18′ | 40°17′ |
| L’ | 3°18′ | 40°18′ |
| M’ | 3°21′ | 40°18′ |
| N’ | 3°21′ | 40°19′ |
| O’ | 3°22′ | 40°19′ |

Point

Longitude east measured from the monte mario meridian

Latitude north

A

3°22′

40°20′

B

3°23′

40°20′

C

3°23′

40°18′

D

3°22′

40°18′

E

3°22′

40°14′

F

3°27′

40°14′

G

3°27′

40°13′

H

3°28′

40°13′

I

3°28′

40°12′

L

3°29′

40°12′

M

3°29′

40°11′

N

3°30′

40°11′

O

3°30′

40°09′

P

3°27′

40°09′

Q

3°27′

40°08′

R

3°24′

40°08′

S

3°24′

40°09′

T

3°22′

40°09′

U

3°22′

40°10′

V

3°21′

40°10′

Z

3°21′

40°11′

A’

3°20′

40°11′

B’

3°20′

40°12′

C’

3°19′

40°12′

D’

3°19′

40°13′

E’

3°14′

40°13′

F’

3°14′

40°16′

G’

3°15′

40°16′

H’

3°15′

40°17′

I’

3°18′

40°17′

L’

3°18′

40°18′

M’

3°21′

40°18′

N’

3°21′

40°19′

O’

3°22′

40°19′

The abovementioned coordinates are based on the Military Geographical Institute’s (I.G.M.) Map of Italy No 210 — on a scale of 1:100 000.

On the basis of these boundary points, the overall area amounts to 212,40 km2.

In accordance with the abovementioned Directive and with Article 4 of Legislative Decree No 625 of 25 November 1996, the Ministerial Decree of 4 March 2011 and the Directorial Decree of 22 March 2011, the Ministry of Economic Development hereby publishes a notice to allow interested firms to compete to exploit this area, demarcated by the points and coordinates stipulated above, by submitting hydrocarbon exploration applications.

The Ministry of Economic Development, Department of Energy, Directorate-General for Mineral and Energy Resources is the authority responsible for issuing the exploration licence for this area.

The rules for granting the mineralogical licence are laid down in the following provisions:

Law No 613 of 21 July 1967; Law No 9 of 9 January 1991; Legislative Decree No 625 of 25 November 1996; the Ministerial Decree of 4 March 2011 and the Directorial Decree of 22 March 2011.

The time limit for submitting applications is three months from the publication of this notice in the Official Journal of the European Union.

Applications submitted after this date will not be considered.

Applications should be sent to the following address:

| Ministero dello sviluppo economico |
| --- |
| Dipartimento per l’energia |
| Direzione generale per le risorse minerarie ed energetiche |
| Divisione VI |
| Via Molise 2 |
| 00187 Roma RM |
| ITALIA |

Ministero dello sviluppo economico

Dipartimento per l’energia

Direzione generale per le risorse minerarie ed energetiche

Divisione VI

Via Molise 2

00187 Roma RM

ITALIA

Applications may also be submitted using the e-mail address: ene.rme.div.6@pec.sviluppoeconomico.gov.it; the documentation in electronic form can also be requested by e-mail to this same address signed electronically by the legal representative of the firm applying.

In accordance with point 2 of Annex A to Prime Ministerial Decree No 22 of 22 December 2010, the overall duration of the procedure for the granting of exploration licences must not exceed 180 days.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 19.4.2013 | EN | Official Journal of the European Union | C 112/9 |
| --- | --- | --- | --- |

19.4.2013

EN

Official Journal of the European Union

C 112/9

---

Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS

(Text with EEA relevance)

2013/C 112/05

1.   INTRODUCTION

| 1. | Pursuant to Article 9 of Council Regulation (EC) No 1/2003 (1), the Commission may — where it intends to adopt a decision requiring that an infringement be brought to an end and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — adopt a decision making those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. |
| --- | --- |

1.

Pursuant to Article 9 of Council Regulation (EC) No 1/2003 (1), the Commission may — where it intends to adopt a decision requiring that an infringement be brought to an end and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — adopt a decision making those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission.

| 2. | According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission. |
| --- | --- |

2.

According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

| 3. | On 1 March 2013, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 pertaining to conduct by The Penguin Publishing Company Limited, The Penguin Group (a subsidiary of Pearson plc), Penguin Group (USA) Inc. and Dorling Kindersley Holdings Limited (hereinafter collectively referred to as ‘Penguin’) in relation to the sale of e-books to consumers in the EEA. |
| --- | --- |

3.

On 1 March 2013, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 pertaining to conduct by The Penguin Publishing Company Limited, The Penguin Group (a subsidiary of Pearson plc), Penguin Group (USA) Inc. and Dorling Kindersley Holdings Limited (hereinafter collectively referred to as ‘Penguin’) in relation to the sale of e-books to consumers in the EEA.

| 4. | In its preliminary assessment, the Commission took the view that, by jointly switching the sale of e-books from a wholesale model to an agency model with the same key terms on a global basis, Penguin, Hachette Livre SA (‘Hachette’), HarperCollins Publishers Limited and HarperCollins Publishers, L.L.C. (‘Harper Collins’), Georg von Holtzbrinck GmbH & Co. KG and Verlagsgruppe Georg von Holtzbrinck GmbH (‘Holtzbrinck/Macmillan’), Simon & Schuster, Inc., Simon & Schuster (UK) Ltd and Simon & Schuster Digital Sales, Inc. (‘Simon & Schuster’) and Apple, Inc. (‘Apple’) may have engaged in a concerted practice with the object of raising retail prices of e-books in the EEA or preventing the emergence of lower prices in the EEA for e-books in breach of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

4.

In its preliminary assessment, the Commission took the view that, by jointly switching the sale of e-books from a wholesale model to an agency model with the same key terms on a global basis, Penguin, Hachette Livre SA (‘Hachette’), HarperCollins Publishers Limited and HarperCollins Publishers, L.L.C. (‘Harper Collins’), Georg von Holtzbrinck GmbH & Co. KG and Verlagsgruppe Georg von Holtzbrinck GmbH (‘Holtzbrinck/Macmillan’), Simon & Schuster, Inc., Simon & Schuster (UK) Ltd and Simon & Schuster Digital Sales, Inc. (‘Simon & Schuster’) and Apple, Inc. (‘Apple’) may have engaged in a concerted practice with the object of raising retail prices of e-books in the EEA or preventing the emergence of lower prices in the EEA for e-books in breach of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | Hachette, Harper Collins, Holtzbrinck/Macmillan and Simon & Schuster are hereinafter collectively referred to as the ‘Four Publishers’, while Penguin and the Four Publishers are hereinafter collectively referred to as the ‘Five Publishers’. |
| --- | --- |

5.

Hachette, Harper Collins, Holtzbrinck/Macmillan and Simon & Schuster are hereinafter collectively referred to as the ‘Four Publishers’, while Penguin and the Four Publishers are hereinafter collectively referred to as the ‘Five Publishers’.

| 6. | To implement their global strategy in the EEA (including, but not limited to, in the United Kingdom, France and Germany), each of the Five Publishers signed with Apple agency agreements containing the same key terms (including a most favoured nation (‘MFN’) retail price clause, maximum retail price grids and the agent's level of commission) for the sale of e-books to consumers located in the EEA. The same key terms in the agency agreements with Apple, including in particular the retail price MFN clause, meant that, to avoid lower revenues and margins for their e-books on the iBookstore, each of the Five Publishers had to pressure other major e-book retailers offering e-books to consumers in the EEA to adopt the agency model. |
| --- | --- |

6.

To implement their global strategy in the EEA (including, but not limited to, in the United Kingdom, France and Germany), each of the Five Publishers signed with Apple agency agreements containing the same key terms (including a most favoured nation (‘MFN’) retail price clause, maximum retail price grids and the agent's level of commission) for the sale of e-books to consumers located in the EEA. The same key terms in the agency agreements with Apple, including in particular the retail price MFN clause, meant that, to avoid lower revenues and margins for their e-books on the iBookstore, each of the Five Publishers had to pressure other major e-book retailers offering e-books to consumers in the EEA to adopt the agency model.

| 7. | On 12 December 2012, the Commission adopted, in the same proceedings, a decision pursuant to Article 9 of Regulation (EC) No 1/2003 addressed to the Four Publishers and Apple. The decision made binding the commitments offered by the Four Publishers and Apple, and closed proceedings as far as they were concerned. Penguin was not an addressee of that decision. |
| --- | --- |

7.

On 12 December 2012, the Commission adopted, in the same proceedings, a decision pursuant to Article 9 of Regulation (EC) No 1/2003 addressed to the Four Publishers and Apple. The decision made binding the commitments offered by the Four Publishers and Apple, and closed proceedings as far as they were concerned. Penguin was not an addressee of that decision.

| 8. | The preliminary assessment did not seek to examine the compatibility with Article 101 of the TFEU and Article 53 of the EEA Agreement of the agency agreements concluded by Penguin with Apple and with other retailers. |
| --- | --- |

8.

The preliminary assessment did not seek to examine the compatibility with Article 101 of the TFEU and Article 53 of the EEA Agreement of the agency agreements concluded by Penguin with Apple and with other retailers.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

| 9. | Penguin does not agree with the Commission’s preliminary assessment. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 in order to meet the Commission’s competition concerns. These commitments are without prejudice to national laws which allow or oblige Penguin to set the retail price for e-books at its own discretion (‘RPM laws’). |
| --- | --- |

9.

Penguin does not agree with the Commission’s preliminary assessment. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 in order to meet the Commission’s competition concerns. These commitments are without prejudice to national laws which allow or oblige Penguin to set the retail price for e-books at its own discretion (‘RPM laws’).

| 10. | The key elements of the commitments offered by Penguin are as follows: |
| --- | --- |

10.

The key elements of the commitments offered by Penguin are as follows:

| 11. | To the extent that they have not yet been terminated, Penguin will terminate the relevant agency agreements for the sale of e-books in the EEA concluded with Apple. |
| --- | --- |

11.

To the extent that they have not yet been terminated, Penguin will terminate the relevant agency agreements for the sale of e-books in the EEA concluded with Apple.

| 12. | In addition, Penguin will offer each retailer other than Apple the opportunity to terminate any agency agreements concluded for the sale of e-books that: (i) restrict, limit or impede the retailer's ability to set, alter or reduce the retail price or to offer price discounts or promotions; or (ii) contain a price MFN clause as defined in Penguin's commitments. In case a retailer decides not to make use of the opportunity to terminate such an agreement, Penguin will terminate it in line with the conditions laid down therein. |
| --- | --- |

12.

In addition, Penguin will offer each retailer other than Apple the opportunity to terminate any agency agreements concluded for the sale of e-books that: (i) restrict, limit or impede the retailer's ability to set, alter or reduce the retail price or to offer price discounts or promotions; or (ii) contain a price MFN clause as defined in Penguin's commitments. In case a retailer decides not to make use of the opportunity to terminate such an agreement, Penguin will terminate it in line with the conditions laid down therein.

| 13. | For a period of two years from notification of the decision to Penguin, Penguin will not restrict, limit or impede the ability of e-book retailers to set, alter or reduce retail prices for e-books and/or to offer price discounts or promotions. However, as regards agency agreements, the aggregate value of the price discounts or promotions offered by any retailer shall not exceed the aggregate amount equal to the total commissions Penguin pays to that retailer over a period of at least one year in connection with the sale of its e-books to consumers. |
| --- | --- |

13.

For a period of two years from notification of the decision to Penguin, Penguin will not restrict, limit or impede the ability of e-book retailers to set, alter or reduce retail prices for e-books and/or to offer price discounts or promotions. However, as regards agency agreements, the aggregate value of the price discounts or promotions offered by any retailer shall not exceed the aggregate amount equal to the total commissions Penguin pays to that retailer over a period of at least one year in connection with the sale of its e-books to consumers.

| 14. | Moreover, for a period of five years from notification of the decision to Penguin, Penguin will not enter into any agreement relating to the sale of e-books within the EEA that contains a price MFN clause as defined in Penguin's commitments. |
| --- | --- |

14.

Moreover, for a period of five years from notification of the decision to Penguin, Penguin will not enter into any agreement relating to the sale of e-books within the EEA that contains a price MFN clause as defined in Penguin's commitments.

| 15. | The commitments are published in full in English on the website of the Directorate-General for Competition at:
  http://ec.europa.eu/competition/index_en.html |
| --- | --- |

15.

The commitments are published in full in English on the website of the Directorate-General for Competition at:

http://ec.europa.eu/competition/index_en.html

4.   INVITATION TO MAKE COMMENTS

| 16. | The Commission intends to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 making binding on Penguin the commitments summarised above and published on the website of the Directorate-General for Competition. If substantial changes to the commitments are subsequently made, the Commission will, pursuant to Article 27(4) of Regulation (EC) No 1/2003, launch a new market test. |
| --- | --- |

16.

The Commission intends to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 making binding on Penguin the commitments summarised above and published on the website of the Directorate-General for Competition. If substantial changes to the commitments are subsequently made, the Commission will, pursuant to Article 27(4) of Regulation (EC) No 1/2003, launch a new market test.

| 17. | In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the commitments. |
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17.

In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the commitments.

| 18. | The time limit to submit observations expires one month after the date of publication of this notice. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’. |
| --- | --- |

18.

The time limit to submit observations expires one month after the date of publication of this notice. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’.

| 19. | Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution. |
| --- | --- |

19.

Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution.

| 20. | Observations can be sent to the Commission under reference number COMP/39.847/E-BOOKS, by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Antitrust Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

20.

Observations can be sent to the Commission under reference number COMP/39.847/E-BOOKS, by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the TFEU. The two sets of provisions are in substance identical. For the purposes of this notice, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82 of the EC Treaty when applicable.

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