# Official Journal C 340/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 340 |
| | |
| English edition | Information and Notices | Volume 6124 September 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 340

English edition

Information and Notices

Volume 6124 September 2018

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 340/01 | Non-opposition to a notified concentration (Case M.8896 — Macquarie Group/The Goldman Sachs Group/HES International) (
  1
  ) | 1 |
| 2018/C 340/02 | Communication from the Commission — Updating of data used to calculate lump sum and penalty payments to be proposed by the Commission to the Court of Justice in infringement proceedings | 2 |
| 2018/C 340/03 | Commission Notice — Availability and applicability of a guidance document to implement Points 3.6.5 and 3.8.2 of Annex II of Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards endocrine disrupting properties (
  1
  ) | 5 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 340/01

Non-opposition to a notified concentration (Case M.8896 — Macquarie Group/The Goldman Sachs Group/HES International) (
  1
  )

1

1

2018/C 340/02

Communication from the Commission — Updating of data used to calculate lump sum and penalty payments to be proposed by the Commission to the Court of Justice in infringement proceedings

2

2018/C 340/03

Commission Notice — Availability and applicability of a guidance document to implement Points 3.6.5 and 3.8.2 of Annex II of Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards endocrine disrupting properties (
  1
  )

1

5

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 340/04 | Euro exchange rates | 6 |
| 2018/C 340/05 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 10 July 2018 concerning a draft decision in case AT.40181 — Philips — Rapporteur: Sweden | 7 |
| 2018/C 340/06 | Final Report of the Hearing Officer — Case AT.40181 — Philips | 8 |
| 2018/C 340/07 | Summary of Commission Decision of 24 July 2018 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union (Case AT.40181 — Philips (vertical restraints)) (notified under document number C(2018)4797 final) | 10 |
| | NOTICES FROM MEMBER STATES |
| 2018/C 340/08 | Winding-up proceedings — Decision to start winding-up proceedings in respect of TURUL Kölcsönös Biztosító Egyesület f.a.(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)) | 12 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 340/04

Euro exchange rates

6

2018/C 340/05

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 10 July 2018 concerning a draft decision in case AT.40181 — Philips — Rapporteur: Sweden

7

2018/C 340/06

Final Report of the Hearing Officer — Case AT.40181 — Philips

8

2018/C 340/07

Summary of Commission Decision of 24 July 2018 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union (Case AT.40181 — Philips (vertical restraints)) (notified under document number C(2018)4797 final)

(notified under document number C(2018)4797 final)

10

NOTICES FROM MEMBER STATES

2018/C 340/08

Winding-up proceedings — Decision to start winding-up proceedings in respect of TURUL Kölcsönös Biztosító Egyesület f.a.(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

12

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 340/09 | Prior notification of a concentration (Case M.9060 — HP/Apogee) (
  1
  ) | 13 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 340/09

Prior notification of a concentration (Case M.9060 — HP/Apogee) (
  1
  )

1

13

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

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(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

| 24.9.2018 | EN | Official Journal of the European Union | C 340/1 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/1

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Non-opposition to a notified concentration

(Case M.8896 — Macquarie Group/The Goldman Sachs Group/HES International)

(Text with EEA relevance)

(2018/C 340/01)

On 23 July 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes; |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes;

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8896. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8896. EUR-Lex is the online access to European law.

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

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| 24.9.2018 | EN | Official Journal of the European Union | C 340/2 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/2

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COMMUNICATION FROM THE COMMISSION

Updating of data used to calculate lump sum and penalty payments to be proposed by the Commission to the Court of Justice in infringement proceedings

(2018/C 340/02)

I.   INTRODUCTION

The 2005 Commission Communication on the application of Article 228 of the EC Treaty (1) (now Article 260(1) and (2) of the TFEU) established the basis on which the Commission calculates the amount of the financial sanctions (either lump sum or penalty payments) that it requests the Court of Justice to apply when the Commission brings a case before the Court under Article 260(2) TFEU, in the context of infringement proceedings against a Member State.

In its Communication of 2010 (2) on the updating of the data used for this calculation, the Commission established that these macroeconomic data should be adjusted every year, in order to take into account inflation and GDP movements.

The 2011 Commission Communication on the implementation of Article 260(3) TFEU (3) and the 2017 Commission Communication ‘EU law: Better results through better application’ (4) emphasise that the same method as established by the 2005 Communication applies for the calculation of the financial sanctions which the Commission requests the Court of Justice to apply under Article 260(3) TFEU.

The yearly update provided in this Communication is based on developments in the inflation and GDP of each Member State (5). The relevant statistics that are to be used relating to the rate of inflation and GDP are those established two years prior to the update (‘t-2 rule’), as two years is the minimum period of time necessary for gathering relatively stable macroeconomic data. This Communication is therefore based on economic data for nominal GDP and the GDP deflator for 2016 (6), as well as the current weighting of Member State voting rights in the Council.

II.   COMPONENTS OF THE UPDATE

The list of economic criteria to be updated is as follows:

| — | the standard flat-rate amount for the penalty payment (7), currently fixed at EUR 700 per day, to be revised in line with inflation, |
| --- | --- |

—

the standard flat-rate amount for the penalty payment (7), currently fixed at EUR 700 per day, to be revised in line with inflation,

| — | the standard flat-rate amount for the lump sum payment (8), currently fixed at EUR 230 per day, to be revised in line with inflation, |
| --- | --- |

—

the standard flat-rate amount for the lump sum payment (8), currently fixed at EUR 230 per day, to be revised in line with inflation,

| — | the special ‘n’ factor (9), to be revised in line with the GDP of the Member State in question, taking into account the number of voting rights it has in the Council; the ‘n’ factor is identical for the calculation of lump sum and daily penalty payments, |
| --- | --- |

—

the special ‘n’ factor (9), to be revised in line with the GDP of the Member State in question, taking into account the number of voting rights it has in the Council; the ‘n’ factor is identical for the calculation of lump sum and daily penalty payments,

| — | minimum lump sum payments (10) to be revised in line with inflation. |
| --- | --- |

—

minimum lump sum payments (10) to be revised in line with inflation.

III.   UPDATES

The Commission will apply the following updated figures to calculate the amount of the financial sanctions (lump sum or penalty payments) when it brings a case to the Court of Justice under Article 260(2) and (3) TFEU:

| (1) | the standard flat-rate amount for calculating the penalty payment is fixed at EUR 690 per day; |
| --- | --- |

(1)

the standard flat-rate amount for calculating the penalty payment is fixed at EUR 690 per day;

| (2) | the standard flat rate for the lump sum payment is fixed at EUR 230 per day; |
| --- | --- |

(2)

the standard flat rate for the lump sum payment is fixed at EUR 230 per day;

| (3) | the special ‘n’ factor and the minimum lump sum for the 28 EU Member States are set as follows:







  Member State | Special ‘n’ factor | Minimum lump sum
  (EUR 1 000 ) |
| --- | --- | --- | --- |
| Belgium | 4,89 | 2 790 |
| Bulgaria | 1,51 | 862 |
| Czech Republic | 3,16 | 1 803 |
| Denmark | 3,03 | 1 729 |
| Germany | 20,74 | 11 835 |
| Estonia | 0,63 | 359 |
| Ireland | 3,02 | 1 723 |
| Greece | 3,14 | 1 792 |
| Spain | 11,93 | 6 808 |
| France | 17,46 | 9 963 |
| Croatia | 1,24 | 708 |
| Italy | 15,16 | 8 651 |
| Cyprus | 0,59 | 337 |
| Latvia | 0,69 | 394 |
| Lithuania | 1,13 | 645 |
| Luxembourg | 1,00 | 571 |
| Hungary | 2,54 | 1 449 |
| Malta | 0,38 | 217 |
| Netherlands | 6,56 | 3 743 |
| Austria | 4,08 | 2 328 |
| Poland | 7,36 | 4 200 |
| Portugal | 3,24 | 1 849 |
| Romania | 3,35 | 1 912 |
| Slovenia | 0,87 | 496 |
| Slovakia | 1,64 | 936 |
| Finland | 2,67 | 1 524 |
| Sweden | 4,68 | 2 671 |
| United Kingdom | 18,10 | 10 328 |

(3)

the special ‘n’ factor and the minimum lump sum for the 28 EU Member States are set as follows:

Member State

Special ‘n’ factor

Minimum lump sum

(EUR 1 000 )

Belgium

4,89

2 790

Bulgaria

1,51

862

Czech Republic

3,16

1 803

Denmark

3,03

1 729

Germany

20,74

11 835

Estonia

0,63

359

Ireland

3,02

1 723

Greece

3,14

1 792

Spain

11,93

6 808

France

17,46

9 963

Croatia

1,24

708

Italy

15,16

8 651

Cyprus

0,59

337

Latvia

0,69

394

Lithuania

1,13

645

Luxembourg

1,00

571

Hungary

2,54

1 449

Malta

0,38

217

Netherlands

6,56

3 743

Austria

4,08

2 328

Poland

7,36

4 200

Portugal

3,24

1 849

Romania

3,35

1 912

Slovenia

0,87

496

Slovakia

1,64

936

Finland

2,67

1 524

Sweden

4,68

2 671

United Kingdom

18,10

10 328

The Commission will apply the updated figures to decisions it takes to bring a case before the Court of Justice under Article 260 TFEU as from the adoption of this Communication.

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(1)  SEC(2005) 1658 (OJ C 126, 7.6.2007, p. 15).

(2)  SEC(2010) 923/3. This Communication has been updated in 2011 [SEC(2011) 1024 final], in 2012 [C(2012) 6106 final], in 2013 [C(2013) 8101 final], in 2014 [C(2014) 6767 final], in 2015 [C(2015) 5511 final], in 2016 [C(2016) 5091 final] and in 2017 [C(2017) 8720 final] for the yearly adjustment of economic data.

(3)  OJ C 12, 15.1.2011, p. 1.

(4)  OJ C 18, 19.1.2017, p. 10.

(5)  According to the general rules set out in the Communications of 2005 and 2010.

(6)  The GDP deflator is used as a measure of inflation. The uniform amounts for lump sum and penalty payments are rounded to the nearest multiple of ten. The minimum lump sums are rounded to the nearest thousand. The ‘n’ factor is rounded to two decimal places.

(7)  The standard or uniform flat-rate amount for daily penalty payments is defined as the fixed basic amount to which certain multiplier weightings are applied. The weightings are the coefficients for the seriousness and the duration of the infringement and the special ‘n’ factor corresponding to the Member State concerned.

(8)  The flat-rate amount is to be applied when calculating the lump sum. As regards Article 260(2) TFEU, the lump sum will result from multiplying a daily amount (resulting from multiplying the standard flat-rate amount by the coefficient for seriousness, and the result of this calculation being multiplied by the special ‘n’ factor) by the number of days the infringement persists between the date of the first judgment and the date that the infringement comes to an end or the date of delivery of the judgment under Article 260(2) TFEU. As regards Article 260(3) TFEU, according to point 28 of the Commission Communication on ‘Implementation of Article 260(3) of the Treaty’ (SEC(2010) 1371 final; OJ C 12, 15.1.2011, p. 1), the lump sum will result from multiplying a daily amount (resulting from multiplying the standard flat-rate amount by the coefficient for seriousness, and the result of this calculation being multiplied by the special ‘n’ factor) by the number of days from the day after the expiry of the time limit for transposition set out in the directive until the date that the infringement comes to an end or the date of delivery of the judgment under Articles 258 and 260(3) TFEU. The lump sum calculated on the basis of the daily amount should apply when the result of the abovementioned calculation exceeds the minimum lump sum.

(9)  The special ‘n’ factor takes into account the capacity of the Member States to pay (gross domestic product (GDP)) and the number of votes it has in the Council.

(10)  The minimum fixed lump sum payment is determined for each Member State according to the special ‘n’ factor. The minimum fixed lump sum will be proposed to the Court when the summed-up daily lump sum payments do not exceed the minimum fixed lump sum.

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| 24.9.2018 | EN | Official Journal of the European Union | C 340/5 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/5

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COMMISSION NOTICE

Availability and applicability of a guidance document to implement Points 3.6.5 and 3.8.2 of Annex II of Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards endocrine disrupting properties

(Text with EEA relevance)

(2018/C 340/03)

The ‘Guidance for the identification of endocrine disruptors in the context of Regulations (EU) No 528/2012 and (EC) No 1107/2009’ (1) was developed by the European Chemicals Agency (ECHA) and the European Food Safety Authority (EFSA) with the support of the European Commission’s Joint Research Centre (JRC). It provides guidance to applicants and assessors of competent regulatory authorities on how to apply the scientific criteria for the determination of endocrine-disrupting properties introduced by Commission Regulation (EU) 2018/605 (2). These scientific criteria are applicable from 10 November 2018 to on-going and future applications for approval or renewal of active substances, safeners or synergists under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (3).

During the development of this guidance document, EFSA and ECHA consulted on several occasions Member States, stakeholders, and the general public. In addition, Member States discussed case-studies in a workshop organised by the European Commission, EFSA and ECHA for this purpose on 1-2 February 2018. Furthermore, the final draft of the guidance document was discussed at the Standing Committee on Plants, Animals, Food and Feed (Section Phytopharmaceuticals — Legislation) on 25 May 2018. The development of the guidance and the comments received by the agencies are documented and published by EFSA and ECHA.

On 5 June 2018, EFSA and ECHA adopted the guidance document and published it on 7 June 2018. Consequently, the guidance document is available before the scientific criteria laid down in Regulation (EU) 2018/605 become applicable.

In consultation with the Standing Committee on Plants, Animals, Food and Feed and aiming at a harmonised and efficient application of the scientific criteria introduced by Regulation (EU) 2018/605, the Commission notifies that the published guidance document is to be used for the purposes of application of points 3.6.5 and 3.8.2 of Annex II of Regulation (EC) No 1107/2009 as of the date of application of Regulation (EU) 2018/605 (10 November 2018).

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(1)  European Chemicals Agency (ECHA) and European Food Safety Authority (EFSA) with support from the Joint Research Centre (JRC). Guidance for the identification of endocrine disruptors in the context of Regulations (EU) No 528/2012 and (EC) No 1107/2009, http://www.efsa.europa.eu/en/efsajournal/pub/5311.

(2)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ L 101, 20.4.2018, p. 33).

(3)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 24.9.2018 | EN | Official Journal of the European Union | C 340/6 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/6

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Euro exchange rates (1)

21 September 2018

(2018/C 340/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1759 |
| JPY | Japanese yen | 132,44 |
| DKK | Danish krone | 7,4597 |
| GBP | Pound sterling | 0,89400 |
| SEK | Swedish krona | 10,3315 |
| CHF | Swiss franc | 1,1228 |
| ISK | Iceland króna | 129,40 |
| NOK | Norwegian krone | 9,5793 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,585 |
| HUF | Hungarian forint | 324,05 |
| PLN | Polish zloty | 4,2946 |
| RON | Romanian leu | 4,6581 |
| TRY | Turkish lira | 7,3935 |
| AUD | Australian dollar | 1,6154 |
| CAD | Canadian dollar | 1,5197 |
| HKD | Hong Kong dollar | 9,1840 |
| NZD | New Zealand dollar | 1,7606 |
| SGD | Singapore dollar | 1,6042 |
| KRW | South Korean won | 1 312,42 |
| ZAR | South African rand | 16,8918 |
| CNY | Chinese yuan renminbi | 8,0503 |
| HRK | Croatian kuna | 7,4278 |
| IDR | Indonesian rupiah | 17 424,92 |
| MYR | Malaysian ringgit | 4,8565 |
| PHP | Philippine peso | 63,657 |
| RUB | Russian rouble | 78,5108 |
| THB | Thai baht | 38,140 |
| BRL | Brazilian real | 4,7920 |
| MXN | Mexican peso | 22,2132 |
| INR | Indian rupee | 84,8905 |

Currency

Exchange rate

USD

US dollar

1,1759

JPY

Japanese yen

132,44

DKK

Danish krone

7,4597

GBP

Pound sterling

0,89400

SEK

Swedish krona

10,3315

CHF

Swiss franc

1,1228

ISK

Iceland króna

129,40

NOK

Norwegian krone

9,5793

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,585

HUF

Hungarian forint

324,05

PLN

Polish zloty

4,2946

RON

Romanian leu

4,6581

TRY

Turkish lira

7,3935

AUD

Australian dollar

1,6154

CAD

Canadian dollar

1,5197

HKD

Hong Kong dollar

9,1840

NZD

New Zealand dollar

1,7606

SGD

Singapore dollar

1,6042

KRW

South Korean won

1 312,42

ZAR

South African rand

16,8918

CNY

Chinese yuan renminbi

8,0503

HRK

Croatian kuna

7,4278

IDR

Indonesian rupiah

17 424,92

MYR

Malaysian ringgit

4,8565

PHP

Philippine peso

63,657

RUB

Russian rouble

78,5108

THB

Thai baht

38,140

BRL

Brazilian real

4,7920

MXN

Mexican peso

22,2132

INR

Indian rupee

84,8905

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

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| 24.9.2018 | EN | Official Journal of the European Union | C 340/7 |
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24.9.2018

EN

Official Journal of the European Union

C 340/7

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 10 July 2018 concerning a draft decision in case AT.40181 — Philips

Rapporteur: Sweden

(2018/C 340/05)

1.

The members of the Advisory Committee agree on the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU.

2.

The members of the Advisory Committee agree with the Commission on the final amount of the fine, including its reduction based on paragraph 37 of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Council Regulation (EC) No 1/2003 (1).

3.

The members of the Advisory Committee recommend the publication of its opinion in the Official Journal.

---

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

1

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| 24.9.2018 | EN | Official Journal of the European Union | C 340/8 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/8

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Final Report of the Hearing Officer (1)

Case AT.40181 — Philips

(2018/C 340/06)

(1)

The draft decision addressed to Philips France S.A.S (‘Philips France’) and to Koninklijke Philips N.V. (together, ‘Philips’) finds that Philips infringed Article 101 TFEU through practices aimed at restricting the ability of retailers in France to determine their resale prices independently.

(2)

The investigation started on 3 December 2013 with unannounced inspections at Koninklijke Philips S.p.A.’s premises in Italy and at Koninklijke Philips N.V.’s premises in the Netherlands.

(3)

After the inspections and following an internal investigation, Philips indicated its interest to cooperate with the Commission. On [...], Koninklijke Philips N.V. submitted further evidence regarding the relevant conduct.

(4)

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against Koninklijke Philips N.V. and Philips France. On 7 February and 16 May 2017, the Commission addressed requests for information to Philips, to which Philips replied on 6 March and 2 June 2017.

(5)

| — | an acknowledgement in clear and unequivocal terms of Philips France’s liability for its direct participation in the infringement summarily described as regards its object, the main facts, its legal qualification, including its role and the duration of its participation in the infringement; |
| --- | --- |

—

an acknowledgement in clear and unequivocal terms of Philips France’s liability for its direct participation in the infringement summarily described as regards its object, the main facts, its legal qualification, including its role and the duration of its participation in the infringement;

| — | an acknowledgement in clear and unequivocal terms of Koninklijke Philips N.V.’s liability for the infringement as the parent company of Philips France at the time of the infringement; |
| --- | --- |

—

an acknowledgement in clear and unequivocal terms of Koninklijke Philips N.V.’s liability for the infringement as the parent company of Philips France at the time of the infringement;

| — | an indication of the maximum amount of the fine Philips expects to be imposed by the Commission and which it would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum amount of the fine Philips expects to be imposed by the Commission and which it would accept in the context of a cooperation procedure;

| — | the confirmation that Philips has been sufficiently informed of the objections the Commission envisages raising against it and that it has been given sufficient opportunity to make its views known to the Commission; |
| --- | --- |

—

the confirmation that Philips has been sufficiently informed of the objections the Commission envisages raising against it and that it has been given sufficient opportunity to make its views known to the Commission;

| — | the confirmation that Philips does not envisage requesting further access to the file or requesting to be heard again in an oral hearing, unless the Commission does not reflect its Settlement Submission in the statement of objections (the ‘SO’) and the decision; |
| --- | --- |

—

the confirmation that Philips does not envisage requesting further access to the file or requesting to be heard again in an oral hearing, unless the Commission does not reflect its Settlement Submission in the statement of objections (the ‘SO’) and the decision;

| — | the agreement to receive the SO and the final decision in English. |
| --- | --- |

—

the agreement to receive the SO and the final decision in English.

(6)

On 7 June 2018, the Commission adopted the SO, to which Philips replied confirming that the SO reflected the content of its Settlement Submission.

(7)

The infringement found and the fines imposed in the draft decision correspond to those acknowledged and accepted in the Settlement Submission. The amount of the fines is reduced by 40 % on the ground that Philips has cooperated with the Commission beyond its legal obligation to do so by: (i) providing additional evidence representing significant added value with respect to the evidence already in the Commission’s possession as that evidence strengthened to a large extent the Commission’s ability to prove the infringement; (ii) acknowledging the infringement of Article 101 TFEU in relation to the conduct; and (iii) waiving certain procedural rights, resulting in administrative efficiencies.

(8)

In accordance with Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which Philips has been afforded the opportunity of making known its views. I conclude that it does.

(9)

Overall, I consider that the effective exercise of procedural rights has been respected in this case.

Brussels, 12 July 2018.

Wouter WILS

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

2

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| 24.9.2018 | EN | Official Journal of the European Union | C 340/10 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/10

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Summary of Commission Decision

of 24 July 2018

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union

(Case AT.40181 — Philips (vertical restraints))

(notified under document number C(2018)4797 final)

(Only the English text is authentic)

(2018/C 340/07)

On 24 July 2018, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decision is addressed to Koninklijke Philips N.V. and Philips France S.A.S. (collectively ‘Philips’). Koninklijke Philips N.V. is a technology company headquartered in the Netherlands. During the infringement period Philips France S.A.S. was a wholly-owned subsidiary of Koninklijke Philips N.V. |
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(1)

| (2) | The Decision relates to a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’). In violation of Article 101 TFEU Philips France S.A.S. implemented practices in relation to products sold by its Consumer Lifestyle business organisation, aimed at restricting the ability of retailers in France to determine their resale prices independently. |
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(2)

2.   CASE DESCRIPTION

2.1.   Procedure

| (3) | The case against Philips originated from unannounced inspections on 3 December 2013 at the premises of Philips in the Netherlands and Philips S.p.A. in Italy for suspected resale price maintenance (‘RPM’) with regard to Philips' Consumer Lifestyle products. Subsequently, Philips indicated its interest to cooperate with the Commission and submitted further evidence regarding the relevant conduct. |
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(3)

| (4) | On 10 March 2015, the Commission carried out an unannounced inspection at the premises of an online retailer in France selling inter alia Philips' products. |
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(4)

| (5) | On 2 February 2017 the Commission opened proceedings with a view to taking a decision under Chapter III of Council Regulation (EC) No 1/2003. |
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(5)

| (6) | Subsequently, Philips submitted a formal offer to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Regulation (EC) No 1/2003. |
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(6)

| (7) | On 7 June 2018, the Commission adopted a Statement of Objections addressed to Philips. On 15 June 2018, Philips submitted its reply to the Statement of Objections. |
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(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 10 July 2018. |
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(8)

| (9) | The Commission adopted the Decision on 24 July 2018. |
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(9)

2.2.   Addressees and duration

| (10) | The following undertaking has infringed Article 101 TFEU by participating, during the period indicated below, in anti-competitive practices:






  Undertaking | Duration |
| --- | --- | --- |
| Philips France S.A.S. | 21 November 2011 – 20 November 2013 |

(10)

Undertaking

Duration

Philips France S.A.S.

21 November 2011 – 20 November 2013

2.3.   Summary of the infringement

| (11) | The local sales organisation concerned is Philips' Consumer Lifestyle business in France which was operated by Philips France S.A.S. during the infringement period. |
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(11)

| (12) | Employees and senior management of Philips' Consumer Lifestyle business in France regularly monitored the resale prices of retailers and regularly requested and obtained the agreement of retailers to increase their resale prices. This was achieved by way of putting commercial pressure on lowest-pricing retailers and, in some cases, by taking retaliatory measures against non-compliant retailers. |
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(12)

| (13) | Interventions were also prompted by complaints from retailers regarding their competitors' resale prices. |
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(13)

| (14) | By closely monitoring the resale prices of its retailers and intervening with lowest-pricing retailers to get their prices increased, Philips' Consumer Lifestyle business in France sought to avoid or slow down online price ‘erosion’ across its entire (online) retail network. |
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(14)

2.4.   Remedies

| (15) | The Decision applies the 2006 Guidelines on Fines (2). |
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(15)

2.4.1.   Basic amount of the fine

| (16) | In setting the fines, the Commission took into account the value of sales in 2012, which is the last full business year of the participation of Philips France S.A.S. Consumer Lifestyle business in the infringement. |
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(16)

| (17) | The Commission took into account the fact that RPM, by its very nature, restricts competition within the meaning of Article 101(1) TFEU and that vertical agreements and concerted practices such as RPM are, by their nature, often less damaging to competition than horizontal agreements. Taking account of these factors and in light of the specific circumstances of the case the proportion of the values of sales was set at 7 %. |
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(17)

| (18) | The Commission took into account the duration of the single and continuous infringement, as mentioned above. |
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(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in this case. |
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(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fine does not exceed 10 % of Philips' worldwide turnover. |
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(20)

2.4.4.   Reduction of the fine in view of cooperation

| (21) | The Commission concludes that, in order to reflect that Philips has effectively cooperated with the Commission beyond its legal obligation to do so, the fine that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 40 %. |
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(21)

3.   CONCLUSION

| (22) | In light of the above, the final amount of the fine imposed on Philips pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 for the single and continuous infringement is EUR 29 828 000. |
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(22)

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

(2)  OJ C 210, 1.9.2006, p. 2.

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NOTICES FROM MEMBER STATES

| 24.9.2018 | EN | Official Journal of the European Union | C 340/12 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/12

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Winding-up proceedings

Decision to start winding-up proceedings in respect of TURUL Kölcsönös Biztosító Egyesület ‘f.a.’

(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

(2018/C 340/08)

| Insurance undertaking | TURUL Kölcsönös Biztosító Egyesület ‘f.a.’ |
| --- | --- |
| 6800 Hódmezővásárhely, |
| Mátyás u. 8. szám |
| Hungary |

Insurance undertaking

TURUL Kölcsönös Biztosító Egyesület ‘f.a.’

6800 Hódmezővásárhely,

Mátyás u. 8. szám

Hungary

Date, entry into force and nature of decision

24 July 2018

Entry into force: 24 July 2018

Compulsory liquidation order with appointment of liquidator

Competent authorities

| Szeged Regional Court |
| --- |
| 6720 Szeged |
| Széchenyi tér 4. |
| Hungary |

Szeged Regional Court

6720 Szeged

Széchenyi tér 4.

Hungary

Supervisory authority

| Central Bank of Hungary |
| --- |
| 1013 Budapest |
| Krisztina krt. 39 |
| Hungary |

Central Bank of Hungary

1013 Budapest

Krisztina krt. 39

Hungary

Administrator appointed

| Pénzügyi Stabilitási és Felszámoló Nonprofit Kft., |
| --- |
| Dr Balázs Jákli |
| 1055 Budapest, |
| Bajcsy-Zsilinszky út 78. I. emelet |
| Hungary |

Pénzügyi Stabilitási és Felszámoló Nonprofit Kft.,

Dr Balázs Jákli

1055 Budapest,

Bajcsy-Zsilinszky út 78. I. emelet

Hungary

Applicable law

Hungary

Part Four of Act LXXXVIII of 2014 on the Business of Insurance

Act XLIX of 1991 on Bankruptcy Proceedings and Liquidation Proceedings

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 24.9.2018 | EN | Official Journal of the European Union | C 340/13 |
| --- | --- | --- | --- |

24.9.2018

EN

Official Journal of the European Union

C 340/13

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Prior notification of a concentration

(Case M.9060 — HP/Apogee)

(Text with EEA relevance)

(2018/C 340/09)

1.

This notification concerns the following undertakings:

| — | HP Inc. (‘HP’, United States), |
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—

HP Inc. (‘HP’, United States),

| — | Apogee Group Limited (‘Apogee’, United Kingdom). |
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—

Apogee Group Limited (‘Apogee’, United Kingdom).

HP acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Apogee.

The concentration is accomplished by way of purchase of shares.

2.

—   for HP: the manufacture and sale of electronic devices, including personal computers and printers,

—   for Apogee: the provision of managed print services to business users, primarily in the United Kingdom. Such services generally comprise a flexible combination of printer hardware, consumables, software, maintenance, workflow management, consulting, training and other related services.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9060 — HP/Apogee

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

| Email: COMP-MERGER-REGISTRY@ec.europa.eu |
| --- |
| Fax +32 22964301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

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