# Official Journal C 289/26 N

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 289 |
| | |
| English edition | Information and Notices | Volume 4726 November 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 289

English edition

Information and Notices

Volume 4726 November 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 289/1 | Euro exchange rates | 1 |
| 2004/C 289/2 | Prior notification of a concentration (Case COMP/M.3630 — Veolia/BVAG) — Candidate case for simplified procedure (
  1
  ) | 2 |
| 2004/C 289/3 | Prior notification of a concentration (Case COMP/M.3612 — Henkel/Sovereign) (
  1
  ) | 3 |
| 2004/C 289/4 | Prior notification of a concentration (Case COMP/M.3605 — Sovion/HMG) (
  1
  ) | 4 |
| 2004/C 289/5 | Prior notification of a concentration (Case COMP/M.3651 — APAX/CINVEN/CBR) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2004/C 289/6 | Prior notification of a concentration (Case COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV) — Candidate case for simplified procedure (
  1
  ) | 6 |
| 2004/C 289/7 | Summary of Community decisions on marketing authorisations in respect of medicinal products from 15 October 2004 to 15 November 2004 (Published pursuant to Article 12 or Article 34 of Council Regulation (EEC) No 2309/93) | 7 |
| 2004/C 289/8 | Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/A.39.116/B2 — Coca-Cola (
  1
  ) | 10 |
| 2004/C 289/9 | Non-opposition to a notified concentration (Case COMP/M.3446 — UNIQA/MANNHEIMER) (
  1
  ) | 13 |

Notice No

Contents

page

I   Information

Commission

2004/C 289/1

Euro exchange rates

1

2004/C 289/2

Prior notification of a concentration (Case COMP/M.3630 — Veolia/BVAG) — Candidate case for simplified procedure (
  1
  )

1

2

2004/C 289/3

Prior notification of a concentration (Case COMP/M.3612 — Henkel/Sovereign) (
  1
  )

1

3

2004/C 289/4

Prior notification of a concentration (Case COMP/M.3605 — Sovion/HMG) (
  1
  )

1

4

2004/C 289/5

Prior notification of a concentration (Case COMP/M.3651 — APAX/CINVEN/CBR) — Candidate case for simplified procedure (
  1
  )

1

5

2004/C 289/6

Prior notification of a concentration (Case COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV) — Candidate case for simplified procedure (
  1
  )

1

6

2004/C 289/7

Summary of Community decisions on marketing authorisations in respect of medicinal products from 15 October 2004 to 15 November 2004 (Published pursuant to Article 12 or Article 34 of Council Regulation (EEC) No 2309/93)

7

2004/C 289/8

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/A.39.116/B2 — Coca-Cola (
  1
  )

1

10

2004/C 289/9

Non-opposition to a notified concentration (Case COMP/M.3446 — UNIQA/MANNHEIMER) (
  1
  )

1

13

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

---

(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 26.11.2004 | EN | Official Journal of the European Union | C 289/1 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/1

---

Euro exchange rates (1)

25 November 2004

(2004/C 289/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3213 |
| JPY | Japanese yen | 135,75 |
| DKK | Danish krone | 7,4291 |
| GBP | Pound sterling | 0,70060 |
| SEK | Swedish krona | 8,9260 |
| CHF | Swiss franc | 1,5113 |
| ISK | Iceland króna | 87,04 |
| NOK | Norwegian krone | 8,1195 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5791 |
| CZK | Czech koruna | 30,992 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,73 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6844 |
| MTL | Maltese lira | 0,4328 |
| PLN | Polish zloty | 4,2174 |
| ROL | Romanian leu | 39 442 |
| SIT | Slovenian tolar | 239,79 |
| SKK | Slovak koruna | 39,255 |
| TRL | Turkish lira | 1 891 000 |
| AUD | Australian dollar | 1,6703 |
| CAD | Canadian dollar | 1,5572 |
| HKD | Hong Kong dollar | 10,2687 |
| NZD | New Zealand dollar | 1,8464 |
| SGD | Singapore dollar | 2,1675 |
| KRW | South Korean won | 1 396,88 |
| ZAR | South African rand | 7,7729 |

Currency

Exchange rate

USD

US dollar

1,3213

JPY

Japanese yen

135,75

DKK

Danish krone

7,4291

GBP

Pound sterling

0,70060

SEK

Swedish krona

8,9260

CHF

Swiss franc

1,5113

ISK

Iceland króna

87,04

NOK

Norwegian krone

8,1195

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5791

CZK

Czech koruna

30,992

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,73

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6844

MTL

Maltese lira

0,4328

PLN

Polish zloty

4,2174

ROL

Romanian leu

39 442

SIT

Slovenian tolar

239,79

SKK

Slovak koruna

39,255

TRL

Turkish lira

1 891 000

AUD

Australian dollar

1,6703

CAD

Canadian dollar

1,5572

HKD

Hong Kong dollar

10,2687

NZD

New Zealand dollar

1,8464

SGD

Singapore dollar

2,1675

KRW

South Korean won

1 396,88

ZAR

South African rand

7,7729

---

(1)

Source: reference exchange rate published by the ECB.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/2 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/2

---

Prior notification of a concentration

(Case COMP/M.3630 — Veolia/BVAG)

Candidate case for simplified procedure

(2004/C 289/02)

(Text with EEA relevance)

| 1. | On 15 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Veolia Water Deutschland GmbH (‘Veolia’, Germany) controlled by Veolia Environment S.A. (France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Braunschweiger Versorgungs-AG (‘BVAG’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 15 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Veolia Water Deutschland GmbH (‘Veolia’, Germany) controlled by Veolia Environment S.A. (France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Braunschweiger Versorgungs-AG (‘BVAG’, Germany) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Veolia: supply of water; disposal of waste water; development and running of water-works and related facilities, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Veolia: supply of water; disposal of waste water; development and running of water-works and related facilities,

| — | for BVAG: generation and trade of electricity and distribution of electricity, gas, water and district heating. |
| --- | --- |

—

for BVAG: generation and trade of electricity and distribution of electricity, gas, water and district heating.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3630 — Veolia/BVAG, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3630 — Veolia/BVAG, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/3 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/3

---

Prior notification of a concentration

(Case COMP/M.3612 — Henkel/Sovereign)

(2004/C 289/03)

(Text with EEA relevance)

| 1. | On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Henkel KGaA (‘Henkel’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sovereign Specialty Chemicals, Inc. (‘Sovereign’, U.S.A.). |
| --- | --- |

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Henkel KGaA (‘Henkel’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sovereign Specialty Chemicals, Inc. (‘Sovereign’, U.S.A.).

| 2. | The business activities of the undertakings concerned are:






  — | for Henkel: production of laundry and home care products, cosmetics and toiletries, surface treatment products and consumer, craftsmen and industrial adhesives, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Henkel: production of laundry and home care products, cosmetics and toiletries, surface treatment products and consumer, craftsmen and industrial adhesives,

| — | for Sovereign: production of specialty adhesives, coatings and sealants for packaging and converting, construction and industrial applications. |
| --- | --- |

—

for Sovereign: production of specialty adhesives, coatings and sealants for packaging and converting, construction and industrial applications.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3612 — Henkel/Sovereign, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3612 — Henkel/Sovereign, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/4 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/4

---

Prior notification of a concentration

(Case COMP/M.3605 — Sovion/HMG)

(2004/C 289/04)

(Text with EEA relevance)

| 1. | On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sovion (‘Sovion’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Hendrix Meat Group (‘HMG’, The Netherlands) by way of purchase of shares |
| --- | --- |

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sovion (‘Sovion’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Hendrix Meat Group (‘HMG’, The Netherlands) by way of purchase of shares

| 2. | The business activities of the undertakings concerned are:






  — | for Sovion: slaughter of pigs and cattle, production and sale of meat products, processing of abattoir by-products and production and sales of products made from abattoir by-products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Sovion: slaughter of pigs and cattle, production and sale of meat products, processing of abattoir by-products and production and sales of products made from abattoir by-products,

| — | for HMG: slaughter of pigs and processing, production and sales of meat products. |
| --- | --- |

—

for HMG: slaughter of pigs and processing, production and sales of meat products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3605 — Sovion/HMG, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3605 — Sovion/HMG, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/5 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/5

---

Prior notification of a concentration

(Case COMP/M.3651 — APAX/CINVEN/CBR)

Candidate case for simplified procedure

(2004/C 289/05)

(Text with EEA relevance)

| 1. | On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Apax Europe V, an investment fund controlled by The Hirzell Trust (‘Apax’, Channel Islands) and Cinven Ltd. (‘Cinven’, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertakings CBR Holding GmbH Co. KG, Street One GmbH Co. KG, Cecil GmbH Co. KG, One Touch GmbH Co. KG, CBR Companies GmbH Co. KG, Street One Markenrecht GmbH Co. KG, Cecil Markenrecht GmbH Co. KG and One Touch Markenrecht GmbH Co. KG (‘CBR Group’, Germany) by way of purchase of shares by Apax from Cinven. |
| --- | --- |

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Apax Europe V, an investment fund controlled by The Hirzell Trust (‘Apax’, Channel Islands) and Cinven Ltd. (‘Cinven’, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertakings CBR Holding GmbH Co. KG, Street One GmbH Co. KG, Cecil GmbH Co. KG, One Touch GmbH Co. KG, CBR Companies GmbH Co. KG, Street One Markenrecht GmbH Co. KG, Cecil Markenrecht GmbH Co. KG and One Touch Markenrecht GmbH Co. KG (‘CBR Group’, Germany) by way of purchase of shares by Apax from Cinven.

| 2. | The business activities of the undertakings concerned are:






  — | for Apax: financial investment, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Apax: financial investment,

| — | for Cinven : financial investment, |
| --- | --- |

—

for Cinven : financial investment,

| — | for CBR Group: design and wholesale distribution of women's apparel. |
| --- | --- |

—

for CBR Group: design and wholesale distribution of women's apparel.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3651 — APAX/CINVEN/CBR, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3651 — APAX/CINVEN/CBR, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/6 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/6

---

Prior notification of a concentration

(Case COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV)

Candidate case for simplified procedure

(2004/C 289/06)

(Text with EEA relevance)

| 1. | On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Bergé Automation S.L. (‘BA’, Spain), Isuzu Motors Ltd (‘Isuzu’, Japan), and Mitsubishi Corporation (‘Mitsubishi’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Distribuidora de Vehículos Isuzu Iberica S.A. (‘Isuzu Spain’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 18 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Bergé Automation S.L. (‘BA’, Spain), Isuzu Motors Ltd (‘Isuzu’, Japan), and Mitsubishi Corporation (‘Mitsubishi’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Distribuidora de Vehículos Isuzu Iberica S.A. (‘Isuzu Spain’, Spain) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for BA: wholesale and retail distribution of motor vehicles, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for BA: wholesale and retail distribution of motor vehicles,

| — | for Isuzu: manufacture of automobiles, |
| --- | --- |

—

for Isuzu: manufacture of automobiles,

| — | for Mitsubishi: general worldwide trading company, |
| --- | --- |

—

for Mitsubishi: general worldwide trading company,

| — | for Isuzu Spain: distribution of automobiles and spare parts. |
| --- | --- |

—

for Isuzu Spain: distribution of automobiles and spare parts.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/7 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/7

---

Summary of Community decisions on marketing authorisations in respect of medicinal products from 15 October 2004 to 15 November 2004

(Published pursuant to Article 12 or Article 34 of Council Regulation (EEC) No 2309/93) (1)

(2004/C 289/07)

Issuing of a marketing authorisation (Article 12 of Council Regulation (EEC) No 2309/93) — Accepted

| Date of the decision | Name of the medicinal product | Holder of the marketing authorisation | Number of the entry in the Community Register | Date of notification |
| --- | --- | --- | --- | --- |
| 22.10.2004 | EMSELEX | Novartis Europharm Limited, Wimblehurst Road, Horsham, West Sussex RH12 5AB, United Kingdom | EU/1/04/294/001-012 | 26.10.2004 |
| 22.10.2004 | Mimpara | Amgen Europe BV, Minervum 7061, 4817 ZK Breda, The Netherlands | EU/1/04/292/001-012 | 26.10.2004 |
| 22.10.2004 | Parareg | Amgen Europe BV, Minervum 7061, 4817 ZK Breda, The Netherlands | EU/1/04/293/001-012 | 26.10.2004 |

Date of the decision

Name of the medicinal product

Holder of the marketing authorisation

Number of the entry in the Community Register

Date of notification

22.10.2004

EMSELEX

Novartis Europharm Limited, Wimblehurst Road, Horsham, West Sussex RH12 5AB, United Kingdom

EU/1/04/294/001-012

26.10.2004

22.10.2004

Mimpara

Amgen Europe BV, Minervum 7061, 4817 ZK Breda, The Netherlands

EU/1/04/292/001-012

26.10.2004

22.10.2004

Parareg

Amgen Europe BV, Minervum 7061, 4817 ZK Breda, The Netherlands

EU/1/04/293/001-012

26.10.2004

Modification of a marketing authorisation (Article 12 of Council Regulation (EEC) No 2309/93) — Accepted

| Date of the decision | Name of the medicinal product | Holder of the marketing authorisation | Number of the entry in the Community Register | Date of notification |
| --- | --- | --- | --- | --- |
| 20.10.2004 | Zeffix | Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom | EU/1/99/114/001-003 | 22.10.2004 |
| 20.10.2004 | Puregon | Organon NV, PO box 20, 5340 BH Oss, The Netherlands | EU/1/96/008/038-039 | 22.10.2004 |
| 20.10.2004 | Viracept | Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom | EU/1/97/054/001
  EU/1/97/054/003-006 | 22.10.2004 |
| 20.10.2004 | Taxotere | Aventis Pharma SA, 20 avenue Raymond Aron, F-92165 Antony Cedex, | EU/1/95/002/001-002 | 22.10.2004 |
| 20.10.2004 | ViraferonPeg | Schering Plough Europe, Rue de Stalle, 73, B-1180 Brussels | EU/1/00/132/001-050 | 22.10.2004 |
| 20.10.2004 | PegIntron | Schering Plough Europe, Rue de Stalle, 73, B-1180 BrusselsStallestraat, 73, B-1180 Brussel | EU/1/00/131/001-050 | 22.10.2004 |
| 22.10.2004 | Herceptin | Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom | EU/1/00/145/001 | 26.10.2004 |
| 22.10.2004 | EMEND | Merck Sharp & Dohme Ltd, Hertford Road, Hoddesdon, Hertfordshire EN11 9BU, United Kingdom | EU/1/03/262/001-006 | 26.10.2004 |
| 22.10.2004 | Sifrol | Boehringer Ingelheim International GmbH, Binger Strasse 173 D-55216 Ingelheim am Rhein | EU/1/97/050/001-006
  EU/1/97/050/009-012 | 26.10.2004 |
| 22.10.2004 | Bondronat | Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom | EU/1/96/012/001-013 | 26.10.2004 |
| 28.10.2004 | Agenerase | Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom | EU/1/00/148/001-004 | 1.11.2004 |
| 28.10.2004 | Paxene | Norton Healthcare Limited, Albert Basin, Royal Docks, London E16 2QJ, United Kingdom | EU/1/99/113/001-004 | 1.11.2004 |
| 28.10.2004 | Cancidas | Merck Sharp & Dohme Ltd, Hertford Road, Hoddesdon, Hertfordshire EN11 9BU, United Kingdom | EU/1/01/196/001-003 | 1.11.2004 |
| 28.10.2004 | Ziagen | Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom | EU/1/99/112/001-002 | 1.11.2004 |
| 28.10.2004 | Ziagen | Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom | EU/1/99/112/001-002 | 1.11.2004 |
| 28.10.2004 | Ytracis | CIS bio international, Boite postale 32, F-91192 Gif-sur-Yvette | EU/1/03/250/001 | 3.11.2004 |
| 28.10.2004 | Mirapexin | Boehringer Ingelheim International GmbH, Binder Strasse 173, D-55216 Ingelheim am Rhein | EU/1/97/051/001-006
  EU/1/97/051/009-012 | 1.11.2004 |
| 28.10.2004 | Viraferon | Schering Plough Europe, Rue de Stalle, 73, B-1180 Brussels |
| Stallestraat, 73, B-1180 Brussel |

Date of the decision

Name of the medicinal product

Holder of the marketing authorisation

Number of the entry in the Community Register

Date of notification

20.10.2004

Zeffix

Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom

EU/1/99/114/001-003

22.10.2004

20.10.2004

Puregon

Organon NV, PO box 20, 5340 BH Oss, The Netherlands

EU/1/96/008/038-039

22.10.2004

20.10.2004

Viracept

Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom

EU/1/97/054/001

EU/1/97/054/003-006

22.10.2004

20.10.2004

Taxotere

Aventis Pharma SA, 20 avenue Raymond Aron, F-92165 Antony Cedex,

EU/1/95/002/001-002

22.10.2004

20.10.2004

ViraferonPeg

Schering Plough Europe, Rue de Stalle, 73, B-1180 Brussels

EU/1/00/132/001-050

22.10.2004

20.10.2004

PegIntron

Schering Plough Europe, Rue de Stalle, 73, B-1180 BrusselsStallestraat, 73, B-1180 Brussel

EU/1/00/131/001-050

22.10.2004

22.10.2004

Herceptin

Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom

EU/1/00/145/001

26.10.2004

22.10.2004

EMEND

Merck Sharp & Dohme Ltd, Hertford Road, Hoddesdon, Hertfordshire EN11 9BU, United Kingdom

EU/1/03/262/001-006

26.10.2004

22.10.2004

Sifrol

Boehringer Ingelheim International GmbH, Binger Strasse 173 D-55216 Ingelheim am Rhein

EU/1/97/050/001-006

EU/1/97/050/009-012

26.10.2004

22.10.2004

Bondronat

Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom

EU/1/96/012/001-013

26.10.2004

28.10.2004

Agenerase

Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom

EU/1/00/148/001-004

1.11.2004

28.10.2004

Paxene

Norton Healthcare Limited, Albert Basin, Royal Docks, London E16 2QJ, United Kingdom

EU/1/99/113/001-004

1.11.2004

28.10.2004

Cancidas

Merck Sharp & Dohme Ltd, Hertford Road, Hoddesdon, Hertfordshire EN11 9BU, United Kingdom

EU/1/01/196/001-003

1.11.2004

28.10.2004

Ziagen

Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom

EU/1/99/112/001-002

1.11.2004

28.10.2004

Ziagen

Glaxo Group Ltd, Greenford, Middlesex UB6 0NN, United Kingdom

EU/1/99/112/001-002

1.11.2004

28.10.2004

Ytracis

CIS bio international, Boite postale 32, F-91192 Gif-sur-Yvette

EU/1/03/250/001

3.11.2004

28.10.2004

Mirapexin

Boehringer Ingelheim International GmbH, Binder Strasse 173, D-55216 Ingelheim am Rhein

EU/1/97/051/001-006

EU/1/97/051/009-012

1.11.2004

28.10.2004

Viraferon

Schering Plough Europe, Rue de Stalle, 73, B-1180 Brussels

Stallestraat, 73, B-1180 Brussel

EU/1/99/128/001-008

1.11.2004

28.10.2004

CoAprovel

Sanofi Pharma Bristol-Myers Squibb SNC, 174 avenue de France, F-75013 Paris

EU/1/98/086/001-020

2.11.2004

28.10.2004

Karvezide

Bristol-Myers Squibb Pharma EEIG, 141-149 Staines Road, Hounslow TW3 3JA, United Kingdom

EU/1/98/085/001-020

1.11.2004

28.10.2004

Viread

Gilead Sciences International Limited, Cambridge CB1 6GT United Kingdom

EU/1/01/200/001

1.11.2004

28.10.2004

Ammonaps

Orphan Europe, Immeuble ‘Le Guillaumet’, F-92046 Paris La Défense

EU/1/99/120/001-004

2.11.2004

28.10.2004

IntronA

| Schering Plough Europe, Rue de Stalle, 73, B-1180 Brussels |
| --- |
| Stallestraat, 73, B-1180 Brussel |

Schering Plough Europe, Rue de Stalle, 73, B-1180 Brussels

Stallestraat, 73, B-1180 Brussel

EU/1/99/127/001-010

EU/1/99/127/040

2.11.2004

29.10.2004

PEGASYS

Roche Registration Limited, 40 Broadwater Road, Welwyn Garden City, Hertfordshire AL7 3AY, United Kingdom

EU/1/02/221/001-010

5.11.2004

29.10.2004

MabCampath

ILEX Pharmaceutical Ltd, 1 & 3 Frederick Sanger Road, The Surrey Research Park, Guildford, Surrey GU2 7YD, United Kingdom

EU/1/01/193/002

5.11.2004

29.10.2004

Liprolog

Eli Lilly Nederland BV, Grootslag 1-5, 3991 RA Houten, The Netherlands

EU/1/01/195/001-015

5.11.2004

4.11.2004

Zometa

Novartis Europharm Limited, Wimblehurst Road, Horsham, West Sussex RH12 5AB, United Kingdom

EU/1/01/176/001-006

8.11.2004

4.11.2004

Zyprexa

Eli Lilly Nederland BV, Grootslag 1-5, 3991 RA Houten, The Netherlands

EU/1/96/022/002, EU/1/96/022/004, EU/1/96/022/006, EU/1/96/022/008-012, EU/1/96/022/014, EU/1/96/022/016-022

8.11.2004

4.11.2004

Zyprexa Velotab

Eli Lilly Nederland BV, Grootslag 1-5, 3991 RA Houten, The Netherlands

EU/1/99/125/001-008

8.11.2004

4.11.2004

Zyprexa Velotab

Eli Lilly Nederland BV, Grootslag 1-5, 3991 RA Houten, The Netherlands

EU/1/99/125/001-008

8.11.2004

9.11.2004

Vfend

Pfizer Limited, Sandwich, Kent CT13 9NJ, United Kingdom

EU/1/02/212/001-026

15.11.2004

12.11.2004

Arixtra

Sanofi-Synthelabo 174 avenue de France, F-75013 Paris

EU/1/02/206/009-017

16.11.2004

12.11.2004

Quixidar

N.V. Organon PO box 20, Kloosterstraat 6, 5340 EB Oss, The Netherlands

EU/1/02/207/009-017

16.11.2004

---

(1)  OJ L 214, 24.8.1993, p. 1.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/10 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/10

---

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/A.39.116/B2 — Coca-Cola

(2004/C 289/08)

(Text with EEA relevance)

1.   Introduction

| (1) | The European Commission has received a set of commitments formally endorsed by ‘The Coca-Cola Company’ (TCCC) and its three most important bottlers in the EEA, ‘Coca-Cola Hellenic Bottling Company’, ‘Coca-Cola Enterprises’ and ‘Coca-Cola Erfrischungsgetränke AG’, together ‘the Companies’. These commitments have been made in the course of a Commission investigation into the Companies' business practices across the European Community, Norway and Iceland in the context of Article 82 of the EC Treaty and Article 54 of the EEA Agreement. |
| --- | --- |

(1)

The European Commission has received a set of commitments formally endorsed by ‘The Coca-Cola Company’ (TCCC) and its three most important bottlers in the EEA, ‘Coca-Cola Hellenic Bottling Company’, ‘Coca-Cola Enterprises’ and ‘Coca-Cola Erfrischungsgetränke AG’, together ‘the Companies’. These commitments have been made in the course of a Commission investigation into the Companies' business practices across the European Community, Norway and Iceland in the context of Article 82 of the EC Treaty and Article 54 of the EEA Agreement.

| (2) | By means of the present publication, the Commission intends to market test the Companies' current proposal for commitments, which purport to address the Commission's competition concerns expressed in its preliminary assessment with regard to the investigated practices of the Companies. Subject to the outcome of the present market test, the Commission intends to adopt a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), to make those proposed commitments which meet the concerns expressed by the Commission in its preliminary assessment binding on the Companies. Such a decision would not conclude whether or not there has been or still is an infringement. |
| --- | --- |

(2)

By means of the present publication, the Commission intends to market test the Companies' current proposal for commitments, which purport to address the Commission's competition concerns expressed in its preliminary assessment with regard to the investigated practices of the Companies. Subject to the outcome of the present market test, the Commission intends to adopt a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), to make those proposed commitments which meet the concerns expressed by the Commission in its preliminary assessment binding on the Companies. Such a decision would not conclude whether or not there has been or still is an infringement.

2.   Preliminary assessment

| (3) | The Commission has informed the Companies by letter of 18 October 2004 of its preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

(3)

The Commission has informed the Companies by letter of 18 October 2004 of its preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003.

| (4) | Pursuant to the preliminary assessment, TCCC and its respective bottlers jointly hold a dominant position in certain of the national markets for the supply of carbonated soft drinks (CSDs) in the EC, Norway and Iceland and this in at least one of the two distribution channels: the take-home channel (supermarkets and other retail outlets), and the on-premises channel, also known as the away-from-home, horeca (catering) or gastronomy channel (2). |
| --- | --- |

(4)

Pursuant to the preliminary assessment, TCCC and its respective bottlers jointly hold a dominant position in certain of the national markets for the supply of carbonated soft drinks (CSDs) in the EC, Norway and Iceland and this in at least one of the two distribution channels: the take-home channel (supermarkets and other retail outlets), and the on-premises channel, also known as the away-from-home, horeca (catering) or gastronomy channel (2).

| (5) | The practices raising concerns relate, with respect to both distribution channels, to exclusivity requirements, rebates granted on condition that the clients reach, on a quarterly basis, individually specified purchase thresholds separately set for colas and non-colas, tying arrangements and arrangements requiring the clients to carry for sale a range of cola stock-keeping units (SKUs) and/or non-cola SKUs. In the take-home channel, the Companies apply shelf space arrangements whereby the supermarkets reserve a large part of their CSD shelf space for TCCC-branded products. In the on-premises channel, customers receive up-front financing conditional upon their purchase of TCCC-branded products over a number of years. Moreover, the Companies have also attached certain exclusivity-related restrictions to the installation of technical sales equipments such as beverage coolers, fountain dispensers or vending machines. |
| --- | --- |

(5)

The practices raising concerns relate, with respect to both distribution channels, to exclusivity requirements, rebates granted on condition that the clients reach, on a quarterly basis, individually specified purchase thresholds separately set for colas and non-colas, tying arrangements and arrangements requiring the clients to carry for sale a range of cola stock-keeping units (SKUs) and/or non-cola SKUs. In the take-home channel, the Companies apply shelf space arrangements whereby the supermarkets reserve a large part of their CSD shelf space for TCCC-branded products. In the on-premises channel, customers receive up-front financing conditional upon their purchase of TCCC-branded products over a number of years. Moreover, the Companies have also attached certain exclusivity-related restrictions to the installation of technical sales equipments such as beverage coolers, fountain dispensers or vending machines.

| (6) | According to the preliminary assessment, all practices have made access to the outlets more difficult for competitors to the ultimate detriment of consumers. The preliminary assessment noted in particular that the Companies could use the market power of their strong brands and the wide product portfolio as leverage to maintain and expand their market position. |
| --- | --- |

(6)

According to the preliminary assessment, all practices have made access to the outlets more difficult for competitors to the ultimate detriment of consumers. The preliminary assessment noted in particular that the Companies could use the market power of their strong brands and the wide product portfolio as leverage to maintain and expand their market position.

3.   Commitments

| (7) | The commitments are briefly summarised in what follows and published in full in a non-confidential English version on the website of the Directorate-General for Competition:
  http://europa.eu.int/comm/competition/antitrust/cases/decisions/39116/tccc_final_undertaking_041019.pdf |
| --- | --- |

(7)

The commitments are briefly summarised in what follows and published in full in a non-confidential English version on the website of the Directorate-General for Competition:

http://europa.eu.int/comm/competition/antitrust/cases/decisions/39116/tccc_final_undertaking_041019.pdf

| (8) | The Companies propose to apply the commitments in all Member States, Norway and Iceland insofar as TCCC-branded CSDs accounted, in the previous year, for more than 40 %, and more than twice the share of the nearest competitor, of national CSD sales in either the take-home channel or the on-premises channel. |
| --- | --- |

(8)

The Companies propose to apply the commitments in all Member States, Norway and Iceland insofar as TCCC-branded CSDs accounted, in the previous year, for more than 40 %, and more than twice the share of the nearest competitor, of national CSD sales in either the take-home channel or the on-premises channel.

| (9) | With respect to both distribution channels, the Companies commit:






  — | not to impose any exclusivity provisions on their customers, |
| --- | --- | --- |

(9)

With respect to both distribution channels, the Companies commit:

—

not to impose any exclusivity provisions on their customers,

| — | not to offer any target rebates for TCCC-branded CSDs, that is to say any rebates or other advantages in exchange for a customer's reaching individually specified purchase thresholds, |
| --- | --- |

—

not to offer any target rebates for TCCC-branded CSDs, that is to say any rebates or other advantages in exchange for a customer's reaching individually specified purchase thresholds,

| — | not to impose any tying arrangements making the supply of any TCCC-branded cola CSD or TCCC-branded orange CSD conditional on the purchase of one or more additional TCCC-branded beverages, |
| --- | --- |

—

not to impose any tying arrangements making the supply of any TCCC-branded cola CSD or TCCC-branded orange CSD conditional on the purchase of one or more additional TCCC-branded beverages,

| — | to define any assortment and range arrangements separately for TCCC-branded regular cola CSDs, TCCC-branded light cola CSDs and TCCC-branded orange CSDs. Whenever the commitments indicate the separate treatment of TCCC-branded orange CSDs, this only applies in countries where 'Fanta Orange Regular' accounted, in the previous year, for more than twice the share of the nearest competing brand of orange-flavoured CSDs in either the take-home channel or the on-premises channel, |
| --- | --- |

—

to define any assortment and range arrangements separately for TCCC-branded regular cola CSDs, TCCC-branded light cola CSDs and TCCC-branded orange CSDs. Whenever the commitments indicate the separate treatment of TCCC-branded orange CSDs, this only applies in countries where 'Fanta Orange Regular' accounted, in the previous year, for more than twice the share of the nearest competing brand of orange-flavoured CSDs in either the take-home channel or the on-premises channel,

| — | not to make the supply of any TCCC-branded CSDs or the extent of any advantage conditional on the customer discontinuing, reducing or varying the relationship with any other supplier. |
| --- | --- |

—

not to make the supply of any TCCC-branded CSDs or the extent of any advantage conditional on the customer discontinuing, reducing or varying the relationship with any other supplier.

| (10) | Specifically with respect to the take-home channel, the Companies commit:






  — | to define any arrangements reserving a proportion or amount of permanent ambient-temperature shelf space in customers' outlets (hereafter: 'shelf space arrangements') separately for TCCC-branded cola CSDs, TCCC-branded orange CSDs and any other TCCC-branded CSDs, |
| --- | --- | --- |

(10)

Specifically with respect to the take-home channel, the Companies commit:

—

to define any arrangements reserving a proportion or amount of permanent ambient-temperature shelf space in customers' outlets (hereafter: 'shelf space arrangements') separately for TCCC-branded cola CSDs, TCCC-branded orange CSDs and any other TCCC-branded CSDs,

| — | in any shelf space arrangements, not to reserve a share of permanent ambient-temperature CSD shelf space for TCCC-branded cola CSDs which would exceed the national share of CSD sales accounted for by TCCC-branded cola CSDs in the previous year minus 5 % of that share, |
| --- | --- |

—

in any shelf space arrangements, not to reserve a share of permanent ambient-temperature CSD shelf space for TCCC-branded cola CSDs which would exceed the national share of CSD sales accounted for by TCCC-branded cola CSDs in the previous year minus 5 % of that share,

| — | in any shelf space arrangements, not to reserve a share of permanent ambient-temperature CSD shelf space for TCCC-branded orange CSDs which would exceed the national share of CSD sales accounted for by TCCC-branded orange CSDs in the previous year. |
| --- | --- |

—

in any shelf space arrangements, not to reserve a share of permanent ambient-temperature CSD shelf space for TCCC-branded orange CSDs which would exceed the national share of CSD sales accounted for by TCCC-branded orange CSDs in the previous year.

| (11) | Specifically with respect to the on-premises channel, the Companies commit:






  — | to limit the duration of any financing agreements to a maximum of five years while giving customers the option, at three months' notice, (a) to repay any proportion of the loan payments due in cash or (b) to terminate the agreement without an early repayment penalty. Moreover, any such agreements will not be conditioned on the purchase of a specified range of TCCC-branded CSDs, |
| --- | --- | --- |

(11)

Specifically with respect to the on-premises channel, the Companies commit:

—

to limit the duration of any financing agreements to a maximum of five years while giving customers the option, at three months' notice, (a) to repay any proportion of the loan payments due in cash or (b) to terminate the agreement without an early repayment penalty. Moreover, any such agreements will not be conditioned on the purchase of a specified range of TCCC-branded CSDs,

| — | to limit the duration of any availability agreements to a maximum of five years while giving customers, for the first time after three years, the annual option to terminate the agreement without penalty, |
| --- | --- |

—

to limit the duration of any availability agreements to a maximum of five years while giving customers, for the first time after three years, the annual option to terminate the agreement without penalty,

| — | when sponsoring venues (for example sports stadia or theme parks), to require exclusivity in the venue only in respect to the sponsoring brands or flavour categories. When sponsoring events (e.g. sporting events, festivals), the Companies may impose exclusive CSD supply rights for the full range of the Companies' CSDs. |
| --- | --- |

—

when sponsoring venues (for example sports stadia or theme parks), to require exclusivity in the venue only in respect to the sponsoring brands or flavour categories. When sponsoring events (e.g. sporting events, festivals), the Companies may impose exclusive CSD supply rights for the full range of the Companies' CSDs.

| (12) | Specifically with respect to commercial agreements in the on-premises channel entered into following competitive tendering, the Companies may impose exclusive beverage supply. When the tender is organised by large, private sector customers, the agreements will have a maximum duration of five years while giving customers, for the first time after three years, the annual option to terminate the agreement without penalty. The Companies will also limit the sales volume of tender agreements entered into with private customers that contain exclusive CSD supply rights to 5 % of the Companies' annual CSD sales in the on-premises channel. |
| --- | --- |

(12)

Specifically with respect to commercial agreements in the on-premises channel entered into following competitive tendering, the Companies may impose exclusive beverage supply. When the tender is organised by large, private sector customers, the agreements will have a maximum duration of five years while giving customers, for the first time after three years, the annual option to terminate the agreement without penalty. The Companies will also limit the sales volume of tender agreements entered into with private customers that contain exclusive CSD supply rights to 5 % of the Companies' annual CSD sales in the on-premises channel.

| (13) | Specifically with respect to the placement of technical sales equipment, the Companies commit:






  — | in the case of beverage coolers, to apply the following conditions: Firstly, where the cooler is provided free on loan, the Companies may impose cooler exclusivity unless no other installed chilled beverage capacity to which the consumer has direct access is available in the outlet in which case the customer may use at least 20 % of the beverage cooler for any products of his or her choosing. Secondly, where a customer rents a cooler, he or she may, in any event, use at least 20 % of the beverage cooler for any products of his or her choosing. Thirdly, where a customer purchases a cooler, he or she is entirely free to decide how to stock it, |
| --- | --- | --- |

(13)

Specifically with respect to the placement of technical sales equipment, the Companies commit:

—

in the case of beverage coolers, to apply the following conditions: Firstly, where the cooler is provided free on loan, the Companies may impose cooler exclusivity unless no other installed chilled beverage capacity to which the consumer has direct access is available in the outlet in which case the customer may use at least 20 % of the beverage cooler for any products of his or her choosing. Secondly, where a customer rents a cooler, he or she may, in any event, use at least 20 % of the beverage cooler for any products of his or her choosing. Thirdly, where a customer purchases a cooler, he or she is entirely free to decide how to stock it,

| — | in the case of fountain dispensers, to leave customers the freedom to place competing fountain dispensers, while limiting the maximum duration of any purchase commitment for products sold through fountain dispensers to no more than three years, with an option for the customer to terminate the purchase commitment at any time following a term not exceeding two years, |
| --- | --- |

—

in the case of fountain dispensers, to leave customers the freedom to place competing fountain dispensers, while limiting the maximum duration of any purchase commitment for products sold through fountain dispensers to no more than three years, with an option for the customer to terminate the purchase commitment at any time following a term not exceeding two years,

| — | in the case of vending machines, to leave customers the freedom to place competing vending machines. |
| --- | --- |

—

in the case of vending machines, to leave customers the freedom to place competing vending machines.

4.   The Commission's intention

| (14) | The Commission intends, subject to the outcome of this market test, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring those proposed commitments which meet the concerns expressed by the Commission in its preliminary assessment to be binding on the Companies. To this end, it invites interested third parties to submit their comments to it within one month of the publication of this notice. |
| --- | --- |

(14)

The Commission intends, subject to the outcome of this market test, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring those proposed commitments which meet the concerns expressed by the Commission in its preliminary assessment to be binding on the Companies. To this end, it invites interested third parties to submit their comments to it within one month of the publication of this notice.

| (15) | Interested third parties are also asked to submit a non-confidential version of their comments, in which business secrets and other confidential passages are deleted and are if necessary replaced by a non-confidential summary or by the words ‘[business secrets]’ or ‘[confidential]’. |
| --- | --- |

(15)

Interested third parties are also asked to submit a non-confidential version of their comments, in which business secrets and other confidential passages are deleted and are if necessary replaced by a non-confidential summary or by the words ‘[business secrets]’ or ‘[confidential]’.

| (16) | Comments should be sent to the following address, mentioning the reference ‘COMP/A.39.116/B2 — Coca-Cola’:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Antitrust Registry |
| B-1049 Brussels |
| Fax: (32-2) 295 01 28. |

(16)

Comments should be sent to the following address, mentioning the reference ‘COMP/A.39.116/B2 — Coca-Cola’:

European Commission

Directorate-General for Competition

Antitrust Registry

B-1049 Brussels

Fax: (32-2) 295 01 28.

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  Based on the data currently available (data for Cyprus, Luxembourg and Malta not yet available), the commitments would be applicable to: Austria, Belgium, Denmark, Estonia, France, Germany, Greece, Hungary (only take-home channel), Italy, Latvia, Lithuania (only take-home channel), the Netherlands, Norway (only take-home channel), Poland (only take-home channel), Spain, Sweden and the United Kingdom.

---

| 26.11.2004 | EN | Official Journal of the European Union | C 289/13 |
| --- | --- | --- | --- |

26.11.2004

EN

Official Journal of the European Union

C 289/13

---

Non-opposition to a notified concentration

(Case COMP/M.3446 — UNIQA/MANNHEIMER)

(2004/C 289/09)

(Text with EEA relevance)

On 28 June 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
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from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CDE’ version of the CELEX database, under document number 32004M3446. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex) |
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in electronic form in the ‘CDE’ version of the CELEX database, under document number 32004M3446. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex)

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