# Official Journal C 320/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 320 |
| | |
| English edition | Information and Notices | Volume 6524 August 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 320

English edition

Information and Notices

Volume 6524 August 2022

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 320/01 | Euro exchange rates — 23 August 2022 | 1 |
| 2022/C 320/02 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40422 Bandai Namco – Rapporteur: Latvia (
  1
  ) | 2 |
| 2022/C 320/03 | Final Report of the Hearing Officer – Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 - Bandai Namco AT.40424 – Capcom (
  1
  ) | 3 |
| 2022/C 320/04 | Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  ) | 5 |
| 2022/C 320/05 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40420 Zenimax – Rapporteur: Latvia (
  1
  ) | 9 |
| 2022/C 320/06 | Final Report of the Hearing Officer – Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 – Bandai Namco AT.40424 – Capcom (
  1
  ) | 10 |
| 2022/C 320/07 | Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  ) | 12 |
| 2022/C 320/08 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40414 Koch Media – Rapporteur: Latvia (
  1
  ) | 17 |
| 2022/C 320/09 | Final Report of the Hearing Officer – Cases AT.40413 — Focus Home AT.40414 — Koch Media AT.40420 — ZeniMax AT.40422 — Bandai Namco AT.40424 — Capcom (
  1
  ) | 18 |
| 2022/C 320/10 | Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  ) | 20 |
| 2022/C 320/11 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40413 Focus Home – Rapporteur: Latvia (
  1
  ) | 24 |
| 2022/C 320/12 | Final Report of the Hearing Officer – Cases AT.40413 — Focus Home, AT.40414 — Koch Media AT.40420 — ZeniMax AT.40422 — Bandai Namco AT.40424 — Capcom (
  1
  ) | 25 |
| 2022/C 320/13 | Summary of Commission Decisions of 20 January 2021 relating to a proceeding under article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases At.40413 — Focus Home, At.40414 — Koch Media, At.40420 — Zenimax, At.40422 — Bandai Namco And At.40424 — Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 finaL, C(2021) 75 final and C(2021) 78 final)

   (
  1
  ) | 27 |
| 2022/C 320/14 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40413 Focus Home, AT.40414 Koch Media, AT.40420 Zenimax, AT.40422 Bandai Namco, AT.40424 Capcom – Valve – Rapporteur: Latvia (
  1
  ) | 31 |
| 2022/C 320/15 | Final Report of the Hearing Officer – Cases AT.40413 - Focus Home AT.40414 - Koch Media AT.40420 – ZeniMax AT.40422 - Bandai Namco AT.40424 – Capcom (
  1
  ) | 32 |
| 2022/C 320/16 | Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  ) | 34 |
| 2022/C 320/17 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40424 Capcom – Rapporteur: Latvia (
  1
  ) | 38 |
| 2022/C 320/18 | Final Report of the Hearing Officer – Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 – Bandai Namco AT.40424 – Capcom (
  1
  ) | 39 |
| 2022/C 320/19 | Summary of Commission Decision of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  ) | 41 |
| | NOTICES FROM MEMBER STATES |
| 2022/C 320/20 | Information communicated by Member States regarding closure of fisheries | 46 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 320/01

Euro exchange rates — 23 August 2022

1

2022/C 320/02

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40422 Bandai Namco – Rapporteur: Latvia (
  1
  )

1

2

2022/C 320/03

Final Report of the Hearing Officer – Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 - Bandai Namco AT.40424 – Capcom (
  1
  )

1

3

2022/C 320/04

Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  )

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

1

5

2022/C 320/05

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40420 Zenimax – Rapporteur: Latvia (
  1
  )

1

9

2022/C 320/06

Final Report of the Hearing Officer – Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 – Bandai Namco AT.40424 – Capcom (
  1
  )

1

10

2022/C 320/07

Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  )

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

1

12

2022/C 320/08

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40414 Koch Media – Rapporteur: Latvia (
  1
  )

1

17

2022/C 320/09

Final Report of the Hearing Officer – Cases AT.40413 — Focus Home AT.40414 — Koch Media AT.40420 — ZeniMax AT.40422 — Bandai Namco AT.40424 — Capcom (
  1
  )

1

18

2022/C 320/10

Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  )

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

1

20

2022/C 320/11

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40413 Focus Home – Rapporteur: Latvia (
  1
  )

1

24

2022/C 320/12

Final Report of the Hearing Officer – Cases AT.40413 — Focus Home, AT.40414 — Koch Media AT.40420 — ZeniMax AT.40422 — Bandai Namco AT.40424 — Capcom (
  1
  )

1

25

2022/C 320/13

Summary of Commission Decisions of 20 January 2021 relating to a proceeding under article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases At.40413 — Focus Home, At.40414 — Koch Media, At.40420 — Zenimax, At.40422 — Bandai Namco And At.40424 — Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 finaL, C(2021) 75 final and C(2021) 78 final)

   (
  1
  )

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 finaL, C(2021) 75 final and C(2021) 78 final)

1

27

2022/C 320/14

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40413 Focus Home, AT.40414 Koch Media, AT.40420 Zenimax, AT.40422 Bandai Namco, AT.40424 Capcom – Valve – Rapporteur: Latvia (
  1
  )

1

31

2022/C 320/15

Final Report of the Hearing Officer – Cases AT.40413 - Focus Home AT.40414 - Koch Media AT.40420 – ZeniMax AT.40422 - Bandai Namco AT.40424 – Capcom (
  1
  )

1

32

2022/C 320/16

Summary of Commission Decisions of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  )

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

1

34

2022/C 320/17

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40424 Capcom – Rapporteur: Latvia (
  1
  )

1

38

2022/C 320/18

Final Report of the Hearing Officer – Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 – Bandai Namco AT.40424 – Capcom (
  1
  )

1

39

2022/C 320/19

Summary of Commission Decision of 20 January 2021 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))
  (notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

   (
  1
  )

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

1

41

NOTICES FROM MEMBER STATES

2022/C 320/20

Information communicated by Member States regarding closure of fisheries

46

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2022/C 320/21 | Notice concerning the implementation of the ruling of the Dispute Settlement Body of the World Trade Organization regarding the safeguard measure applicable to imports into the Union of certain steel products | 47 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2022/C 320/22 | Prior notification of a concentration (Case M.10833 - FRANKLIN RESOURCES / BNY ALCENTRA GROUP HOLDINGS) – Candidate case for simplified procedure (
  1
  ) | 51 |
| 2022/C 320/23 | Prior notification of a concentration (Case M.10871 – E.ON / FSI / WESTENERGIE BREITBAND) – Candidate case for simplified procedure (
  1
  ) | 53 |
| 2022/C 320/24 | Prior notification of a concentration (Case M.10856 – OAKTREE / CPP INVESTMENTS / PORTS AMERICA) – Candidate case for simplified procedure (
  1
  ) | 55 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2022/C 320/21

Notice concerning the implementation of the ruling of the Dispute Settlement Body of the World Trade Organization regarding the safeguard measure applicable to imports into the Union of certain steel products

47

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2022/C 320/22

Prior notification of a concentration (Case M.10833 - FRANKLIN RESOURCES / BNY ALCENTRA GROUP HOLDINGS) – Candidate case for simplified procedure (
  1
  )

1

51

2022/C 320/23

Prior notification of a concentration (Case M.10871 – E.ON / FSI / WESTENERGIE BREITBAND) – Candidate case for simplified procedure (
  1
  )

1

53

2022/C 320/24

Prior notification of a concentration (Case M.10856 – OAKTREE / CPP INVESTMENTS / PORTS AMERICA) – Candidate case for simplified procedure (
  1
  )

1

55

---

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

---

(1)   Text with EEA relevance.

1

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

EN

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 24.8.2022 | EN | Official Journal of the European Union | C 320/1 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/1

---

Euro exchange rates (1)

23 August 2022

(2022/C 320/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 0,9927 |
| JPY | Japanese yen | 136,34 |
| DKK | Danish krone | 7,4374 |
| GBP | Pound sterling | 0,84343 |
| SEK | Swedish krona | 10,6063 |
| CHF | Swiss franc | 0,9602 |
| ISK | Iceland króna | 140,10 |
| NOK | Norwegian krone | 9,7438 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,658 |
| HUF | Hungarian forint | 410,55 |
| PLN | Polish zloty | 4,7788 |
| RON | Romanian leu | 4,8839 |
| TRY | Turkish lira | 17,9830 |
| AUD | Australian dollar | 1,4437 |
| CAD | Canadian dollar | 1,2928 |
| HKD | Hong Kong dollar | 7,7900 |
| NZD | New Zealand dollar | 1,6071 |
| SGD | Singapore dollar | 1,3860 |
| KRW | South Korean won | 1 332,10 |
| ZAR | South African rand | 16,9568 |
| CNY | Chinese yuan renminbi | 6,7952 |
| HRK | Croatian kuna | 7,5128 |
| IDR | Indonesian rupiah | 14 743,28 |
| MYR | Malaysian ringgit | 4,4557 |
| PHP | Philippine peso | 55,661 |
| RUB | Russian rouble | |
| THB | Thai baht | 35,856 |
| BRL | Brazilian real | 5,0984 |
| MXN | Mexican peso | 19,9152 |
| INR | Indian rupee | 79,2805 |

Currency

Exchange rate

USD

US dollar

0,9927

JPY

Japanese yen

136,34

DKK

Danish krone

7,4374

GBP

Pound sterling

0,84343

SEK

Swedish krona

10,6063

CHF

Swiss franc

0,9602

ISK

Iceland króna

140,10

NOK

Norwegian krone

9,7438

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,658

HUF

Hungarian forint

410,55

PLN

Polish zloty

4,7788

RON

Romanian leu

4,8839

TRY

Turkish lira

17,9830

AUD

Australian dollar

1,4437

CAD

Canadian dollar

1,2928

HKD

Hong Kong dollar

7,7900

NZD

New Zealand dollar

1,6071

SGD

Singapore dollar

1,3860

KRW

South Korean won

1 332,10

ZAR

South African rand

16,9568

CNY

Chinese yuan renminbi

6,7952

HRK

Croatian kuna

7,5128

IDR

Indonesian rupiah

14 743,28

MYR

Malaysian ringgit

4,4557

PHP

Philippine peso

55,661

RUB

Russian rouble

THB

Thai baht

35,856

BRL

Brazilian real

5,0984

MXN

Mexican peso

19,9152

INR

Indian rupee

79,2805

---

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

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/2 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/2

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40422 Bandai Namco

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/02)

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

2.

The Advisory Committee (13 Member States) agrees 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 Regulation No 1/2003.

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/3 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/3

---

Final Report of the Hearing Officer (1)

Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 - Bandai Namco AT.40424 – Capcom

(Text with EEA relevance)

(2022/C 320/03)

This Final Report relates to six draft decisions:

| 1) | a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom; |
| --- | --- |

1)

a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom;

| 2) | a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home; |
| --- | --- |

2)

a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home;

| 3) | a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media; |
| --- | --- |

3)

a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media;

| 4) | a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax; |
| --- | --- |

4)

a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax;

| 5) | a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and |
| --- | --- |

5)

a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and

| 6) | a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom. |
| --- | --- |

6)

a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom.

Focus Home, Koch Media, ZeniMax, Bandai Namco and Capcom are together referred to as the ‘Publishers’, and together with Valve as the ‘Parties’.

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above five cases concerning alleged anti-competitive agreements and/or concerted practices between Valve and each of the five Publishers of PC video games having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement.

On 5 April 2019, the Commission adopted five statements of objections (‘SOs’), addressed to Valve (in all five cases) and to each of the Publishers (one in each case).

Between [...], the Parties received an electronic storage device containing the accessible part of the Commission’s investigation file as it then stood in the five cases.

On [...], following an invitation to that effect from DG Competition, the Publishers expressed their willingness to engage in cooperation discussions with the Commission, whereas Valve declined the invitation.

By letter of [...], the Commission informed the Publishers that their deadline to respond to the SOs was suspended pending the cooperation discussions and that Valve had decided not to take part in the cooperation discussions.

DG Competition had initially set a time limit of eight weeks for Valve’s written response to the five SOs, until 19 June 2019. Upon Valve’s requests, I extended the time limit until 17 July 2019.

On 24 June, Valve requested from the Directorate-General for Competition (‘DG Competition’) further access to some redacted information. On 5 July 2019, after contacting the information providers, DG Competition granted access to some of the requested information in revised non-confidential versions of the documents. Valve did not subsequently raise the matter with me.

On 17 July 2019, Valve submitted its five written responses to the five SOs, each of which included a request to be heard orally.

The oral hearing of Valve took place on 9 October 2019.

Between [...], each of the five Publishers submitted formal offers to cooperate (the ‘Settlement Submissions’). The Settlement Submissions contained:

| — | an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement;

| — | an indication of the maximum fine that they would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that they would accept in the context of a cooperation procedure;

| — | confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and |
| --- | --- |

—

confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and

| — | confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs. |
| --- | --- |

—

confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs.

On 18 December 2020, the Commission sent a letter of facts to Valve, in which it informed Valve about additional evidence on which it intends to rely for the purposes of the decision to be adopted in this case. Valve already had access to the documents concerned as part of the regular access to file procedure in April 2019. Upon Valve’s request, DG Competition provided it with a revised version of one of the documents concerned in which redactions had been removed on 31 December 2020. On the same day, Valve was granted a short extension of the deadline to respond to this letter of facts, until 7 January 2021. Valve responded to the letter of facts on this date.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decisions addressed to the Parties deal only with objections in respect of which they have been afforded the opportunity of making known their views. I conclude that they do so.

As regards the Publishers, the infringements found and the fines imposed in the draft decisions correspond to those acknowledged and accepted in the Settlement Submissions.

The basic amounts of the fines that would otherwise have been imposed are reduced by 10 % for Focus Home, Koch Media, ZeniMax and Bandai Namco and by 15 % for Capcom on the ground that these undertakings have effectively and timely cooperated with the Commission beyond their legal obligation to do so, by acknowledging an infringement of Article 101 TFEU and Article 53 of the EEA Agreement and waiving certain procedural rights resulting in administrative efficiencies. In addition, Capcom submitted evidence and explanations concerning geo-blocking practices, which strengthened the Commission’s ability to prove the infringement.

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

Brussels, 18 January 2021.

Wouter WILS

---

(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 (‘Decision 2011/695/EU’).

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, 27.04.2004, p. 18).

2

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/5 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/5

---

Summary of Commission Decisions

of 20 January 2021

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom

(Video Games Cases))

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2022/C 320/04)

On 20 January 2021, the Commission adopted six decisions relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. 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 decisions, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decisions relate to restrictions of cross-border sales of certain personal computer (‘PC’) video games in the European Economic Area (‘EEA’). They are addressed to the following legal entities:






  — | Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home; |
| --- | --- | --- |

(1)

—

Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home;

| — | Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media; |
| --- | --- |

—

Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media;

| — | ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax; |
| --- | --- |

—

ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax;

| — | Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco; |
| --- | --- |

—

Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco;

| — | Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and |
| --- | --- |

—

Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and

| — | Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. |
| --- | --- |

—

Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom.

| (2) | Bandai Namco, Focus Home, Capcom, Koch Media and ZeniMax are together referred to as ‘the Publishers’, and together with Valve as the ‘Parties’. Valve operates an online PC gaming platform called ‘Steam’, which is available worldwide. |
| --- | --- |

(2)

| (3) | The Decisions concern six separate single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement consisting of: (i) bilateral agreements and/or concerted practices between Valve and each of the Publishers aimed at restricting cross-border sales of certain PC video games outside of designated Member States and Contracting Parties to the EEA Agreement based on the geographical location of the user (‘geo-blocking’) as well as (ii) cross-border sale restrictions contained in licensing and distribution agreements between each of Bandai Namco, Focus Home, Koch Media and ZeniMax and their respective distributors in the EEA (other than Valve). |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above cases. |
| --- | --- |

(4)

| (5) | On 5 April 2019, the Commission adopted five Statements of Objections, addressed to Valve (in all five cases) and to each of the Publishers (one in each case). The Statements of Objections set out the Commission’s preliminary competition concerns in relation to certain practices between Valve and each of the five Publishers having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(5)

| (6) | Subsequently, the Publishers indicated their interest to cooperate with the Commission and, later on, they submitted formal offers to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(6)

| (7) | Valve chose not to cooperate with the Commission. On 17 July 2019, it submitted its five written responses to the five Statements of Objections, each of which included a request to be heard orally. The oral hearing of Valve took place on 9 October 2019. |
| --- | --- |

(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 11 January 2021. |
| --- | --- |

(8)

| (9) | On 18 January 2021, the Hearing Officer issued his final report. |
| --- | --- |

(9)

| (10) | The Commission adopted the Decisions on 20 January 2021. |
| --- | --- |

(10)

2.2.   Summary of the infringements

| (11) | The Decisions find that Valve and each of the Publishers engaged in geo-blocking practices in the form of bilateral agreements and/or concerted practices implemented through technical restrictions, in particular by means of geo-blocked Steam activation keys, which prevented the activation of certain of the Publishers’ PC video games outside certain Central and Eastern European countries (namely, Czechia, Poland, Hungary, Romania, Slovakia, Estonia, Latvia and Lithuania), thereby restricting cross-border sales of certain of the affected PC video games based on the geographical location of the user. |
| --- | --- |

(11)

| (12) | In addition, the Decisions find that each of Bandai Namco, Focus Home, Koch Media and ZeniMax engaged with their respective distributors in the EEA (other than Valve) in geo-blocking practices in the form of licensing and distribution agreements containing clauses which restricted cross-border sales of the affected PC video games within the EEA. |
| --- | --- |

(12)

2.3.   Addressees and duration

| (13) | The following undertakings were found to have infringed Article 101 TFEU and Article 53 EEA Agreement by participating in the infringements during the periods indicated below:







  Case | Undertakings (Legal entities) | Duration |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S. | 13 March 2012 until 31 March 2015 |
| AT.40424 - Capcom | Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd. | 13 February 2013 until 17 November 2014 |
| AT.40413 – Focus Home | Focus Home Interactive S.A. | 14 March 2007 until 8 November 2018 |
| AT.40414 – Koch Media | Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria) | 20 August 2010 until 27 July 2018 |
| AT.40420 - ZeniMax | Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc. | 1 September 2009 until 9 October 2015 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve Corporation | AT.40422: 13 March 2012 until 22 April 2014
  AT.40424: 13 February 2013 until 17 November 2014
  AT.40413: 17 May 2013 until 9 October 2015
  AT.40414: 23 August 2011 until 9 October 2015
  AT.40420: 27 September 2010 until 9 October 2015 |

(13)

Case

Undertakings (Legal entities)

Duration

AT.40422 – Bandai Namco

Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S.

13 March 2012 until 31 March 2015

AT.40424 - Capcom

Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd.

13 February 2013 until 17 November 2014

AT.40413 – Focus Home

Focus Home Interactive S.A.

14 March 2007 until 8 November 2018

AT.40414 – Koch Media

Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria)

20 August 2010 until 27 July 2018

AT.40420 - ZeniMax

Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc.

1 September 2009 until 9 October 2015

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve Corporation

AT.40422: 13 March 2012 until 22 April 2014

AT.40424: 13 February 2013 until 17 November 2014

AT.40413: 17 May 2013 until 9 October 2015

AT.40414: 23 August 2011 until 9 October 2015

AT.40420: 27 September 2010 until 9 October 2015

2.4.   Fines

| (14) | The Decisions apply the 2006 Guidelines on Fines (3). |
| --- | --- |

(14)

2.4.1.   Basic amount of the fines

| (15) | In setting the fines with regard to Valve, the Commission took into account the value of sales generated at EEA level by the sale on Steam of the respective Publishers’ affected PC video games during Valve’s last full business year of participation in the infringement in each of the five cases, that is 2013 in Cases AT.40422 – Bandai Namco and AT.40424 – Capcom and 2014 in Cases AT.40413 – Focus Home, AT.40414 – Koch Media and AT.40420 – ZeniMax. In order to take into account 30 % of the gross revenue on Steam related to the respective Publishers’ affected PC video games, the Commission has subtracted the respective Publishers’ share (70 %) from the total Steam revenues for the relevant Publishers’ games. |
| --- | --- |

(15)

| (16) | In setting the fines with regard to the Publishers, the Commission took into account the value of sales generated at EEA level by each respective Publishers’ affected PC video games through both physical and digital distribution, including 70 % of the gross revenues generated by the sale of the concerned PC video games on Steam, during the last full business year of each Publisher’s respective participation in the infringements that is:






  — | Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement; |
| --- | --- | --- |

(16)

—

Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement;

| — | Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement;

| — | Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement. |
| --- | --- |

—

Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement.

| (17) | The Commission took into account the fact that each of the different restrictions, by their very nature, restricts competition within the meaning of Article 101(1) TFEU and Article 53 of the EEA Agreement and that vertical agreements and concerted practices such as those at issue are, by their nature, often less damaging to competition than horizontal agreements. Taking into account these factors and in light of the specific circumstances of each case, the proportion of values of sales taken into account was set at 7 % for each of Bandai Namco, Focus Home, Koch Media and ZeniMax and at 6 % for each of Capcom and Valve (for each of the five infringements). |
| --- | --- |

(17)

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

(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in these cases. |
| --- | --- |

(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fines do not exceed 10 % of each of the Parties’ worldwide turnover. |
| --- | --- |

(20)

2.4.4.   Reduction of the fines in view of cooperation

| (21) | The Commission concluded that, in order to reflect that each of the Publishers have effectively cooperated with the Commission beyond their legal obligation to do so, the fines that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 10 % vis-à-vis Bandai Namco, Focus Home, Koch Media and ZeniMax and by 15 % vis-à-vis Capcom. |
| --- | --- |

(21)

3.   CONCLUSION

| (22) | In light of the above, the final amounts of the fines imposed on the Parties pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the single and continuous infringements amount to the following:







  Case | Undertaking | Fine |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco | EUR 340 000 |
| AT.40424 - Capcom | Capcom | EUR 396 000 |
| AT.40413 – Focus Home | Focus Home | EUR 2 888 000 |
| AT.40414 – Koch Media | Koch Media | EUR 977 000 |
| AT.40420 - ZeniMax | ZeniMax | EUR 1 664 000 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve | EUR 1 624 000 , broken down as follows:
  EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco
  EUR 90 000 , for the infringement in Case AT.40424 – Capcom
  EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;
  EUR 308 000 , for the infringement in Case AT.40414 – Koch Media
  EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax |

(22)

Case

Undertaking

Fine

AT.40422 – Bandai Namco

Bandai Namco

EUR 340 000

AT.40424 - Capcom

Capcom

EUR 396 000

AT.40413 – Focus Home

Focus Home

EUR 2 888 000

AT.40414 – Koch Media

Koch Media

EUR 977 000

AT.40420 - ZeniMax

ZeniMax

EUR 1 664 000

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve

EUR 1 624 000 , broken down as follows:

EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco

EUR 90 000 , for the infringement in Case AT.40424 – Capcom

EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;

EUR 308 000 , for the infringement in Case AT.40414 – Koch Media

EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax

---

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

(3)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ C 210, 1.9.2006, p. 2).

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/9 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/9

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40420 Zenimax

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/05)

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

2.

The Advisory Committee (13 Member States) agrees 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 Regulation No 1/2003.

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/10 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/10

---

Final Report of the Hearing Officer (1)

Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 – Bandai Namco AT.40424 – Capcom

(Text with EEA relevance)

(2022/C 320/06)

This Final Report relates to six draft decisions:

| 1) | a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom; |
| --- | --- |

1)

a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom;

| 2) | a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home; |
| --- | --- |

2)

a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home;

| 3) | a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media; |
| --- | --- |

3)

a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media;

| 4) | a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax; |
| --- | --- |

4)

a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax;

| 5) | a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and |
| --- | --- |

5)

a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and

| 6) | a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom. |
| --- | --- |

6)

a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom.

Focus Home, Koch Media, ZeniMax, Bandai Namco and Capcom are together referred to as the ‘Publishers’, and together with Valve as the ‘Parties’.

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above five cases concerning alleged anti-competitive agreements and/or concerted practices between Valve and each of the five Publishers of PC video games having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement.

On 5 April 2019, the Commission adopted five statements of objections (‘SOs’), addressed to Valve (in all five cases) and to each of the Publishers (one in each case).

Between [...], the Parties received an electronic storage device containing the accessible part of the Commission’s investigation file as it then stood in the five cases.

On [...], following an invitation to that effect from DG Competition, the Publishers expressed their willingness to engage in cooperation discussions with the Commission, whereas Valve declined the invitation.

By letter of [...], the Commission informed the Publishers that their deadline to respond to the SOs was suspended pending the cooperation discussions and that Valve had decided not to take part in the cooperation discussions.

DG Competition had initially set a time limit of eight weeks for Valve’s written response to the five SOs, until 19 June 2019. Upon Valve’s requests, I extended the time limit until 17 July 2019.

On 24 June, Valve requested from the Directorate-General for Competition (‘DG Competition’) further access to some redacted information. On 5 July 2019, after contacting the information providers, DG Competition granted access to some of the requested information in revised non-confidential versions of the documents. Valve did not subsequently raise the matter with me.

On 17 July 2019, Valve submitted its five written responses to the five SOs, each of which included a request to be heard orally.

The oral hearing of Valve took place on 9 October 2019.

Between [...], each of the five Publishers submitted formal offers to cooperate (the ‘Settlement Submissions’). The Settlement Submissions contained:

| — | an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement;

| — | an indication of the maximum fine that they would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that they would accept in the context of a cooperation procedure;

| — | confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and |
| --- | --- |

—

confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and

| — | confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs. |
| --- | --- |

—

confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs.

On 18 December 2020, the Commission sent a letter of facts to Valve, in which it informed Valve about additional evidence on which it intends to rely for the purposes of the decision to be adopted in this case. Valve already had access to the documents concerned as part of the regular access to file procedure in April 2019. Upon Valve’s request, DG Competition provided it with a revised version of one of the documents concerned in which redactions had been removed on 31 December 2020. On the same day, Valve was granted a short extension of the deadline to respond to this letter of facts, until 7 January 2021. Valve responded to the letter of facts on this date.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decisions addressed to the Parties deal only with objections in respect of which they have been afforded the opportunity of making known their views. I conclude that they do so.

As regards the Publishers, the infringements found and the fines imposed in the draft decisions correspond to those acknowledged and accepted in the Settlement Submissions.

The basic amounts of the fines that would otherwise have been imposed are reduced by 10 % for Focus Home, Koch Media, ZeniMax and Bandai Namco and by 15 % for Capcom on the ground that these undertakings have effectively and timely cooperated with the Commission beyond their legal obligation to do so, by acknowledging an infringement of Article 101 TFEU and Article 53 of the EEA Agreement and waiving certain procedural rights resulting in administrative efficiencies. In addition, Capcom submitted evidence and explanations concerning geo-blocking practices, which strengthened the Commission’s ability to prove the infringement.

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

Brussels, 18 January 2021.

Wouter WILS

---

(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) (‘Decision 2011/695/EU’).

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

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/12 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/12

---

Summary of Commission Decisions

of 20 January 2021

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2022/C 320/07)

On 20 January 2021, the Commission adopted six decisions relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. 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 decisions, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decisions relate to restrictions of cross-border sales of certain personal computer (‘PC’) video games in the European Economic Area (‘EEA’). They are addressed to the following legal entities:






  — | Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home; |
| --- | --- | --- |

(1)

—

Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home;

| — | Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media; |
| --- | --- |

—

Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media;

| — | ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax; |
| --- | --- |

—

ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax;

| — | Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco; |
| --- | --- |

—

Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco;

| — | Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and |
| --- | --- |

—

Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and

| — | Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. |
| --- | --- |

—

Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom.

| (2) | Bandai Namco, Focus Home, Capcom, Koch Media and ZeniMax are together referred to as ‘the Publishers’, and together with Valve as the ‘Parties’. Valve operates an online PC gaming platform called ‘Steam’, which is available worldwide. |
| --- | --- |

(2)

| (3) | The Decisions concern six separate single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement consisting of: (i) bilateral agreements and/or concerted practices between Valve and each of the Publishers aimed at restricting cross-border sales of certain PC video games outside of designated Member States and Contracting Parties to the EEA Agreement based on the geographical location of the user (‘geo-blocking’) as well as (ii) cross-border sale restrictions contained in licensing and distribution agreements between each of Bandai Namco, Focus Home, Koch Media and ZeniMax and their respective distributors in the EEA (other than Valve). |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above cases. |
| --- | --- |

(4)

| (5) | On 5 April 2019, the Commission adopted five Statements of Objections, addressed to Valve (in all five cases) and to each of the Publishers (one in each case). The Statements of Objections set out the Commission’s preliminary competition concerns in relation to certain practices between Valve and each of the five Publishers having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(5)

| (6) | Subsequently, the Publishers indicated their interest to cooperate with the Commission and, later on, they submitted formal offers to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(6)

| (7) | Valve chose not to cooperate with the Commission. On 17 July 2019, it submitted its five written responses to the five Statements of Objections, each of which included a request to be heard orally. The oral hearing of Valve took place on 9 October 2019. |
| --- | --- |

(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 11 January 2021. |
| --- | --- |

(8)

| (9) | On 18 January 2021, the Hearing Officer issued his final report. |
| --- | --- |

(9)

| (10) | The Commission adopted the Decisions on 20 January 2021. |
| --- | --- |

(10)

2.2.   Summary of the infringements

| (11) | The Decisions find that Valve and each of the Publishers engaged in geo-blocking practices in the form of bilateral agreements and/or concerted practices implemented through technical restrictions, in particular by means of geo-blocked Steam activation keys, which prevented the activation of certain of the Publishers’ PC video games outside certain Central and Eastern European countries (namely, Czechia, Poland, Hungary, Romania, Slovakia, Estonia, Latvia and Lithuania), thereby restricting cross-border sales of certain of the affected PC video games based on the geographical location of the user. |
| --- | --- |

(11)

| (12) | In addition, the Decisions find that each of Bandai Namco, Focus Home, Koch Media and ZeniMax engaged with their respective distributors in the EEA (other than Valve) in geo-blocking practices in the form of licensing and distribution agreements containing clauses which restricted cross-border sales of the affected PC video games within the EEA. |
| --- | --- |

(12)

2.3.   Addressees and duration

| (13) | The following undertakings were found to have infringed Article 101 TFEU and Article 53 EEA Agreement by participating in the infringements during the periods indicated below:







  Case | Undertakings
  (Legal entities) | Duration |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S. | 13 March 2012 until 31 March 2015 |
| AT.40424 - Capcom | Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd. | 13 February 2013 until 17 November 2014 |
| AT.40413 – Focus Home | Focus Home Interactive S.A. | 14 March 2007 until 8 November 2018 |
| AT.40414 – Koch Media | Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria) | 20 August 2010 until 27 July 2018 |
| AT.40420 - ZeniMax | Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc. | 1 September 2009 until 9 October 2015 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve Corporation | AT.40422: 13 March 2012 until 22 April 2014
  AT.40424: 13 February 2013 until 17 November 2014
  AT.40413: 17 May 2013 until 9 October 2015
  AT.40414: 23 August 2011 until 9 October 2015
  AT.40420: 27 September 2010 until 9 October 2015 |

(13)

Case

Undertakings

(Legal entities)

Duration

AT.40422 – Bandai Namco

Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S.

13 March 2012 until 31 March 2015

AT.40424 - Capcom

Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd.

13 February 2013 until 17 November 2014

AT.40413 – Focus Home

Focus Home Interactive S.A.

14 March 2007 until 8 November 2018

AT.40414 – Koch Media

Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria)

20 August 2010 until 27 July 2018

AT.40420 - ZeniMax

Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc.

1 September 2009 until 9 October 2015

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve Corporation

AT.40422: 13 March 2012 until 22 April 2014

AT.40424: 13 February 2013 until 17 November 2014

AT.40413: 17 May 2013 until 9 October 2015

AT.40414: 23 August 2011 until 9 October 2015

AT.40420: 27 September 2010 until 9 October 2015

2.4.   Fines

| (14) | The Decisions apply the 2006 Guidelines on Fines (3). |
| --- | --- |

(14)

2.4.1.   Basic amount of the fines

| (15) | In setting the fines with regard to Valve, the Commission took into account the value of sales generated at EEA level by the sale on Steam of the respective Publishers’ affected PC video games during Valve’s last full business year of participation in the infringement in each of the five cases, that is 2013 in Cases AT.40422 – Bandai Namco and AT.40424 – Capcom and 2014 in Cases AT.40413 – Focus Home, AT.40414 – Koch Media and AT.40420 – ZeniMax. In order to take into account 30 % of the gross revenue on Steam related to the respective Publishers’ affected PC video games, the Commission has subtracted the respective Publishers’ share (70 %) from the total Steam revenues for the relevant Publishers’ games. |
| --- | --- |

(15)

| (16) | In setting the fines with regard to the Publishers, the Commission took into account the value of sales generated at EEA level by each respective Publishers’ affected PC video games through both physical and digital distribution, including 70 % of the gross revenues generated by the sale of the concerned PC video games on Steam, during the last full business year of each Publisher’s respective participation in the infringements that is:






  — | Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement; |
| --- | --- | --- |

(16)

—

Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement;

| — | Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement;

| — | Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement. |
| --- | --- |

—

Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement.

| (17) | The Commission took into account the fact that each of the different restrictions, by their very nature, restricts competition within the meaning of Article 101(1) TFEU and Article 53 of the EEA Agreement and that vertical agreements and concerted practices such as those at issue are, by their nature, often less damaging to competition than horizontal agreements. Taking into account these factors and in light of the specific circumstances of each case, the proportion of values of sales taken into account was set at 7 % for each of Bandai Namco, Focus Home, Koch Media and ZeniMax and at 6 % for each of Capcom and Valve (for each of the five infringements). |
| --- | --- |

(17)

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

(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in these cases. |
| --- | --- |

(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fines do not exceed 10 % of each of the Parties’ worldwide turnover. |
| --- | --- |

(20)

2.4.4.   Reduction of the fines in view of cooperation

| (21) | The Commission concluded that, in order to reflect that each of the Publishers have effectively cooperated with the Commission beyond their legal obligation to do so, the fines that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 10 % vis-à-vis Bandai Namco, Focus Home, Koch Media and ZeniMax and by 15 % vis-à-vis Capcom. |
| --- | --- |

(21)

3.   CONCLUSION

| (22) | In light of the above, the final amounts of the fines imposed on the Parties pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the single and continuous infringements amount to the following:







  Case | Undertaking | Fine |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco | EUR 340 000 |
| AT.40424 - Capcom | Capcom | EUR 396 000 |
| AT.40413 – Focus Home | Focus Home | EUR 2 888 000 |
| AT.40414 – Koch Media | Koch Media | EUR 977 000 |
| AT.40420 - ZeniMax | ZeniMax | EUR 1 664 000 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve | EUR 1 624 000 , broken down as follows:
  EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco
  EUR 90 000 , for the infringement in Case AT.40424 – Capcom
  EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;
  EUR 308 000 , for the infringement in Case AT.40414 – Koch Media
  EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax |

(22)

Case

Undertaking

Fine

AT.40422 – Bandai Namco

Bandai Namco

EUR 340 000

AT.40424 - Capcom

Capcom

EUR 396 000

AT.40413 – Focus Home

Focus Home

EUR 2 888 000

AT.40414 – Koch Media

Koch Media

EUR 977 000

AT.40420 - ZeniMax

ZeniMax

EUR 1 664 000

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve

EUR 1 624 000 , broken down as follows:

EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco

EUR 90 000 , for the infringement in Case AT.40424 – Capcom

EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;

EUR 308 000 , for the infringement in Case AT.40414 – Koch Media

EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax

---

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

(3)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ C 210, 1.9.2006, p. 2).

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/17 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/17

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40414 Koch Media

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/08)

| 1. | The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

| 2. | The Advisory Committee (13 Member States) agrees 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 Regulation No 1/2003. |
| --- | --- |

2.

The Advisory Committee (13 Member States) agrees 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 Regulation No 1/2003.

| 3. | The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

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| 24.8.2022 | EN | Official Journal of the European Union | C 320/18 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/18

---

Final Report of the Hearing Officer (1)

Cases AT.40413 — Focus Home AT.40414 — Koch Media AT.40420 — ZeniMax AT.40422 — Bandai Namco AT.40424 — Capcom

(Text with EEA relevance)

(2022/C 320/09)

This Final Report relates to six draft decisions:

| 1) | a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom; |
| --- | --- |

1)

a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom;

| 2) | a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home; |
| --- | --- |

2)

a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home;

| 3) | a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media; |
| --- | --- |

3)

a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media;

| 4) | a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax; |
| --- | --- |

4)

a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax;

| 5) | a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and |
| --- | --- |

5)

a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and

| 6) | a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom. |
| --- | --- |

6)

a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom.

Focus Home, Koch Media, ZeniMax, Bandai Namco and Capcom are together referred to as the ‘Publishers’, and together with Valve as the ‘Parties’.

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above five cases concerning alleged anti-competitive agreements and/or concerted practices between Valve and each of the five Publishers of PC video games having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement.

On 5 April 2019, the Commission adopted five statements of objections (‘SOs’), addressed to Valve (in all five cases) and to each of the Publishers (one in each case).

Between [...], the Parties received an electronic storage device containing the accessible part of the Commission’s investigation file as it then stood in the five cases.

On [...], following an invitation to that effect from DG Competition, the Publishers expressed their willingness to engage in cooperation discussions with the Commission, whereas Valve declined the invitation.

By letter of [...], the Commission informed the Publishers that their deadline to respond to the SOs was suspended pending the cooperation discussions and that Valve had decided not to take part in the cooperation discussions.

DG Competition had initially set a time limit of eight weeks for Valve’s written response to the five SOs, until 19 June 2019. Upon Valve’s requests, I extended the time limit until 17 July 2019.

On 24 June, Valve requested from the Directorate-General for Competition (‘DG Competition’) further access to some redacted information. On 5 July 2019, after contacting the information providers, DG Competition granted access to some of the requested information in revised non-confidential versions of the documents. Valve did not subsequently raise the matter with me.

On 17 July 2019, Valve submitted its five written responses to the five SOs, each of which included a request to be heard orally.

The oral hearing of Valve took place on 9 October 2019.

Between [...], each of the five Publishers submitted formal offers to cooperate (the ‘Settlement Submissions’). The Settlement Submissions contained:

| — | an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement;

| — | an indication of the maximum fine that they would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that they would accept in the context of a cooperation procedure;

| — | confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and |
| --- | --- |

—

confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and

| — | confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs. |
| --- | --- |

—

confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs.

On 18 December 2020, the Commission sent a letter of facts to Valve, in which it informed Valve about additional evidence on which it intends to rely for the purposes of the decision to be adopted in this case. Valve already had access to the documents concerned as part of the regular access to file procedure in April 2019. Upon Valve’s request, DG Competition provided it with a revised version of one of the documents concerned in which redactions had been removed on 31 December 2020. On the same day, Valve was granted a short extension of the deadline to respond to this letter of facts, until 7 January 2021. Valve responded to the letter of facts on this date.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decisions addressed to the Parties deal only with objections in respect of which they have been afforded the opportunity of making known their views. I conclude that they do so.

As regards the Publishers, the infringements found and the fines imposed in the draft decisions correspond to those acknowledged and accepted in the Settlement Submissions.

The basic amounts of the fines that would otherwise have been imposed are reduced by 10 % for Focus Home, Koch Media, ZeniMax and Bandai Namco and by 15 % for Capcom on the ground that these undertakings have effectively and timely cooperated with the Commission beyond their legal obligation to do so, by acknowledging an infringement of Article 101 TFEU and Article 53 of the EEA Agreement and waiving certain procedural rights resulting in administrative efficiencies. In addition, Capcom submitted evidence and explanations concerning geo-blocking practices, which strengthened the Commission’s ability to prove the infringement.

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

Brussels, 18 January 2021.

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) (‘Decision 2011/695/EU’).

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, 27.04.2004, p. 18).

2

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| 24.8.2022 | EN | Official Journal of the European Union | C 320/20 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/20

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Summary of Commission Decisions

of 20 January 2021

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom (Video Games Cases))

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2022/C 320/10)

On 20 January 2021, the Commission adopted six decisions relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. 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 decisions, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decisions relate to restrictions of cross-border sales of certain personal computer (‘PC’) video games in the European Economic Area (‘EEA’). They are addressed to the following legal entities:






  — | Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home; |
| --- | --- | --- |

(1)

—

Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home;

| — | Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media; |
| --- | --- |

—

Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media;

| — | ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax; |
| --- | --- |

—

ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax;

| — | Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco; |
| --- | --- |

—

Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco;

| — | Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and |
| --- | --- |

—

Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and

| — | Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. |
| --- | --- |

—

Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom.

| (2) | Bandai Namco, Focus Home, Capcom, Koch Media and ZeniMax are together referred to as ‘the Publishers’, and together with Valve as the ‘Parties’. Valve operates an online PC gaming platform called ‘Steam’, which is available worldwide. |
| --- | --- |

(2)

| (3) | The Decisions concern six separate single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement consisting of: (i) bilateral agreements and/or concerted practices between Valve and each of the Publishers aimed at restricting cross-border sales of certain PC video games outside of designated Member States and Contracting Parties to the EEA Agreement based on the geographical location of the user (‘geo-blocking’) as well as (ii) cross-border sale restrictions contained in licensing and distribution agreements between each of Bandai Namco, Focus Home, Koch Media and ZeniMax and their respective distributors in the EEA (other than Valve). |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above cases. |
| --- | --- |

(4)

| (5) | On 5 April 2019, the Commission adopted five Statements of Objections, addressed to Valve (in all five cases) and to each of the Publishers (one in each case). The Statements of Objections set out the Commission’s preliminary competition concerns in relation to certain practices between Valve and each of the five Publishers having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(5)

| (6) | Subsequently, the Publishers indicated their interest to cooperate with the Commission and, later on, they submitted formal offers to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(6)

| (7) | Valve chose not to cooperate with the Commission. On 17 July 2019, it submitted its five written responses to the five Statements of Objections, each of which included a request to be heard orally. The oral hearing of Valve took place on 9 October 2019. |
| --- | --- |

(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 11 January 2021. |
| --- | --- |

(8)

| (9) | On 18 January 2021, the Hearing Officer issued his final report. |
| --- | --- |

(9)

| (10) | The Commission adopted the Decisions on 20 January 2021. |
| --- | --- |

(10)

2.2.   Summary of the infringements

| (11) | The Decisions find that Valve and each of the Publishers engaged in geo-blocking practices in the form of bilateral agreements and/or concerted practices implemented through technical restrictions, in particular by means of geo-blocked Steam activation keys, which prevented the activation of certain of the Publishers’ PC video games outside certain Central and Eastern European countries (namely, Czechia, Poland, Hungary, Romania, Slovakia, Estonia, Latvia and Lithuania), thereby restricting cross-border sales of certain of the affected PC video games based on the geographical location of the user. |
| --- | --- |

(11)

| (12) | In addition, the Decisions find that each of Bandai Namco, Focus Home, Koch Media and ZeniMax engaged with their respective distributors in the EEA (other than Valve) in geo-blocking practices in the form of licensing and distribution agreements containing clauses which restricted cross-border sales of the affected PC video games within the EEA. |
| --- | --- |

(12)

2.3.   Addressees and duration

| (13) | The following undertakings were found to have infringed Article 101 TFEU and Article 53 EEA Agreement by participating in the infringements during the periods indicated below:







  Case | Undertakings
  (Legal entities) | Duration |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S. | 13 March 2012 until 31 March 2015 |
| AT.40424 - Capcom | Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd. | 13 February 2013 until 17 November 2014 |
| AT.40413 – Focus Home | Focus Home Interactive S.A. | 14 March 2007 until 8 November 2018 |
| AT.40414 – Koch Media | Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria) | 20 August 2010 until 27 July 2018 |
| AT.40420 - ZeniMax | Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc. | 1 September 2009 until 9 October 2015 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve Corporation | AT.40422: 13 March 2012 until 22 April 2014
  AT.40424: 13 February 2013 until 17 November 2014
  AT.40413: 17 May 2013 until 9 October 2015
  AT.40414: 23 August 2011 until 9 October 2015
  AT.40420: 27 September 2010 until 9 October 2015 |

(13)

Case

Undertakings

(Legal entities)

Duration

AT.40422 – Bandai Namco

Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S.

13 March 2012 until 31 March 2015

AT.40424 - Capcom

Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd.

13 February 2013 until 17 November 2014

AT.40413 – Focus Home

Focus Home Interactive S.A.

14 March 2007 until 8 November 2018

AT.40414 – Koch Media

Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria)

20 August 2010 until 27 July 2018

AT.40420 - ZeniMax

Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc.

1 September 2009 until 9 October 2015

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve Corporation

AT.40422: 13 March 2012 until 22 April 2014

AT.40424: 13 February 2013 until 17 November 2014

AT.40413: 17 May 2013 until 9 October 2015

AT.40414: 23 August 2011 until 9 October 2015

AT.40420: 27 September 2010 until 9 October 2015

2.4.   Fines

| (14) | The Decisions apply the 2006 Guidelines on Fines (3). |
| --- | --- |

(14)

2.4.1.   Basic amount of the fines

| (15) | In setting the fines with regard to Valve, the Commission took into account the value of sales generated at EEA level by the sale on Steam of the respective Publishers’ affected PC video games during Valve’s last full business year of participation in the infringement in each of the five cases, that is 2013 in Cases AT.40422 – Bandai Namco and AT.40424 – Capcom and 2014 in Cases AT.40413 – Focus Home, AT.40414 – Koch Media and AT.40420 – ZeniMax. In order to take into account 30 % of the gross revenue on Steam related to the respective Publishers’ affected PC video games, the Commission has subtracted the respective Publishers’ share (70 %) from the total Steam revenues for the relevant Publishers’ games. |
| --- | --- |

(15)

| (16) | In setting the fines with regard to the Publishers, the Commission took into account the value of sales generated at EEA level by each respective Publishers’ affected PC video games through both physical and digital distribution, including 70 % of the gross revenues generated by the sale of the concerned PC video games on Steam, during the last full business year of each Publisher’s respective participation in the infringements that is:






  — | Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement; |
| --- | --- | --- |

(16)

—

Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement;

| — | Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement;

| — | Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement. |
| --- | --- |

—

Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement.

| (17) | The Commission took into account the fact that each of the different restrictions, by their very nature, restricts competition within the meaning of Article 101(1) TFEU and Article 53 of the EEA Agreement and that vertical agreements and concerted practices such as those at issue are, by their nature, often less damaging to competition than horizontal agreements. Taking into account these factors and in light of the specific circumstances of each case, the proportion of values of sales taken into account was set at 7 % for each of Bandai Namco, Focus Home, Koch Media and ZeniMax and at 6 % for each of Capcom and Valve (for each of the five infringements). |
| --- | --- |

(17)

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

(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in these cases. |
| --- | --- |

(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fines do not exceed 10 % of each of the Parties’ worldwide turnover. |
| --- | --- |

(20)

2.4.4.   Reduction of the fines in view of cooperation

| (21) | The Commission concluded that, in order to reflect that each of the Publishers have effectively cooperated with the Commission beyond their legal obligation to do so, the fines that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 10 % vis-à-vis Bandai Namco, Focus Home, Koch Media and ZeniMax and by 15 % vis-à-vis Capcom. |
| --- | --- |

(21)

3.   CONCLUSION

| (22) | In light of the above, the final amounts of the fines imposed on the Parties pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the single and continuous infringements amount to the following:







  Case | Undertaking | Fine |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco | EUR 340 000 |
| AT.40424 - Capcom | Capcom | EUR 396 000 |
| AT.40413 – Focus Home | Focus Home | EUR 2 888 000 |
| AT.40414 – Koch Media | Koch Media | EUR 977 000 |
| AT.40420 - ZeniMax | ZeniMax | EUR 1 664 000 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve | EUR 1 624 000 , broken down as follows:
  EUR 31 000 , for the infringement in Case AT.40 422 – Bandai Namco
  EUR 90 000 , for the infringement in Case AT.40 424 – Capcom
  EUR 102 000 , for the infringement in Case AT.40 413 – Focus Home;
  EUR 308 000 , for the infringement in Case AT.40 414 – Koch Media
  EUR 1 093 000 , for the infringement in Case AT.40 420 - ZeniMax |

(22)

Case

Undertaking

Fine

AT.40422 – Bandai Namco

Bandai Namco

EUR 340 000

AT.40424 - Capcom

Capcom

EUR 396 000

AT.40413 – Focus Home

Focus Home

EUR 2 888 000

AT.40414 – Koch Media

Koch Media

EUR 977 000

AT.40420 - ZeniMax

ZeniMax

EUR 1 664 000

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve

EUR 1 624 000 , broken down as follows:

EUR 31 000 , for the infringement in Case AT.40 422 – Bandai Namco

EUR 90 000 , for the infringement in Case AT.40 424 – Capcom

EUR 102 000 , for the infringement in Case AT.40 413 – Focus Home;

EUR 308 000 , for the infringement in Case AT.40 414 – Koch Media

EUR 1 093 000 , for the infringement in Case AT.40 420 - ZeniMax

---

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

(3)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ C 210, 1.9.2006, p. 2).

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/24 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/24

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40413 Focus Home

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/11)

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

2.

The Advisory Committee (13 Member States) agrees 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 Regulation No 1/2003.

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/25 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/25

---

Final Report of the Hearing Officer (1)

Cases AT.40413 — Focus Home, AT.40414 — Koch Media AT.40420 — ZeniMax AT.40422 — Bandai Namco AT.40424 — Capcom

(Text with EEA relevance)

(2022/C 320/12)

This Final Report relates to six draft decisions:

| 1) | a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom; |
| --- | --- |

1)

a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom;

| 2) | a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home; |
| --- | --- |

2)

a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home;

| 3) | a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media; |
| --- | --- |

3)

a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media;

| 4) | a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax; |
| --- | --- |

4)

a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax;

| 5) | a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and |
| --- | --- |

5)

a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and

| 6) | a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom. |
| --- | --- |

6)

a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom.

Focus Home, Koch Media, ZeniMax, Bandai Namco and Capcom are together referred to as the ‘Publishers’, and together with Valve as the ‘Parties’.

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above five cases concerning alleged anti-competitive agreements and/or concerted practices between Valve and each of the five Publishers of PC video games having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement.

On 5 April 2019, the Commission adopted five statements of objections (‘SOs’), addressed to Valve (in all five cases) and to each of the Publishers (one in each case).

Between [...], the Parties received an electronic storage device containing the accessible part of the Commission’s investigation file as it then stood in the five cases.

On [...], following an invitation to that effect from DG Competition, the Publishers expressed their willingness to engage in cooperation discussions with the Commission, whereas Valve declined the invitation.

By letter of [...], the Commission informed the Publishers that their deadline to respond to the SOs was suspended pending the cooperation discussions and that Valve had decided not to take part in the cooperation discussions.

DG Competition had initially set a time limit of eight weeks for Valve’s written response to the five SOs, until 19 June 2019. Upon Valve’s requests, I extended the time limit until 17 July 2019.

On 24 June, Valve requested from the Directorate-General for Competition (‘DG Competition’) further access to some redacted information. On 5 July 2019, after contacting the information providers, DG Competition granted access to some of the requested information in revised non-confidential versions of the documents. Valve did not subsequently raise the matter with me.

On 17 July 2019, Valve submitted its five written responses to the five SOs, each of which included a request to be heard orally.

The oral hearing of Valve took place on 9 October 2019.

Between [...], each of the five Publishers submitted formal offers to cooperate (the ‘Settlement Submissions’). The Settlement Submissions contained:

| — | an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement;

| — | an indication of the maximum fine that they would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that they would accept in the context of a cooperation procedure;

| — | confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and |
| --- | --- |

—

confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and

| — | confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs. |
| --- | --- |

—

confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs.

On 18 December 2020, the Commission sent a letter of facts to Valve, in which it informed Valve about additional evidence on which it intends to rely for the purposes of the decision to be adopted in this case. Valve already had access to the documents concerned as part of the regular access to file procedure in April 2019. Upon Valve’s request, DG Competition provided it with a revised version of one of the documents concerned in which redactions had been removed on 31 December 2020. On the same day, Valve was granted a short extension of the deadline to respond to this letter of facts, until 7 January 2021. Valve responded to the letter of facts on this date.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decisions addressed to the Parties deal only with objections in respect of which they have been afforded the opportunity of making known their views. I conclude that they do so.

As regards the Publishers, the infringements found and the fines imposed in the draft decisions correspond to those acknowledged and accepted in the Settlement Submissions.

The basic amounts of the fines that would otherwise have been imposed are reduced by 10 % for Focus Home, Koch Media, ZeniMax and Bandai Namco and by 15 % for Capcom on the ground that these undertakings have effectively and timely cooperated with the Commission beyond their legal obligation to do so, by acknowledging an infringement of Article 101 TFEU and Article 53 of the EEA Agreement and waiving certain procedural rights resulting in administrative efficiencies. In addition, Capcom submitted evidence and explanations concerning geo-blocking practices, which strengthened the Commission’s ability to prove the infringement.

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

Brussels, 18 January 2021.

Wouter WILS

---

(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) (‘Decision 2011/695/EU’).

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, 27.04.2004, p. 18).

2

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/27 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/27

---

Summary of Commission Decisions

of 20 January 2021

relating to a proceeding under article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Cases At.40413 — Focus Home, At.40414 — Koch Media, At.40420 — Zenimax, At.40422 — Bandai Namco And At.40424 — Capcom (Video Games Cases))

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 finaL, C(2021) 75 final and C(2021) 78 final)

(Only the english text is authentic)

(Text with EEA relevance)

(2022/C 320/13)

On 20 January 2021, the Commission adopted six decisions relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. 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 decisions, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decisions relate to restrictions of cross-border sales of certain personal computer (‘PC’) video games in the European Economic Area (‘EEA’). They are addressed to the following legal entities:






  — | Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home; |
| --- | --- | --- |

(1)

—

Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home;

| — | Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media; |
| --- | --- |

—

Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media;

| — | ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax; |
| --- | --- |

—

ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax;

| — | Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco; |
| --- | --- |

—

Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco;

| — | Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and |
| --- | --- |

—

Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and

| — | Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. |
| --- | --- |

—

Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom.

| (2) | Bandai Namco, Focus Home, Capcom, Koch Media and ZeniMax are together referred to as ‘the Publishers’, and together with Valve as the ‘Parties’. Valve operates an online PC gaming platform called ‘Steam’, which is available worldwide. |
| --- | --- |

(2)

| (3) | The Decisions concern six separate single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement consisting of: (i) bilateral agreements and/or concerted practices between Valve and each of the Publishers aimed at restricting cross-border sales of certain PC video games outside of designated Member States and Contracting Parties to the EEA Agreement based on the geographical location of the user (‘geo-blocking’) as well as (ii) cross-border sale restrictions contained in licensing and distribution agreements between each of Bandai Namco, Focus Home, Koch Media and ZeniMax and their respective distributors in the EEA (other than Valve). |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above cases. |
| --- | --- |

(4)

| (5) | On 5 April 2019, the Commission adopted five Statements of Objections, addressed to Valve (in all five cases) and to each of the Publishers (one in each case). The Statements of Objections set out the Commission’s preliminary competition concerns in relation to certain practices between Valve and each of the five Publishers having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(5)

| (6) | Subsequently, the Publishers indicated their interest to cooperate with the Commission and, later on, they submitted formal offers to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(6)

| (7) | Valve chose not to cooperate with the Commission. On 17 July 2019, it submitted its five written responses to the five Statements of Objections, each of which included a request to be heard orally. The oral hearing of Valve took place on 9 October 2019. |
| --- | --- |

(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 11 January 2021. |
| --- | --- |

(8)

| (9) | On 18 January 2021, the Hearing Officer issued his final report. |
| --- | --- |

(9)

| (10) | The Commission adopted the Decisions on 20 January 2021. |
| --- | --- |

(10)

2.2.   Summary of the infringements

| (11) | The Decisions find that Valve and each of the Publishers engaged in geo-blocking practices in the form of bilateral agreements and/or concerted practices implemented through technical restrictions, in particular by means of geo-blocked Steam activation keys, which prevented the activation of certain of the Publishers’ PC video games outside certain Central and Eastern European countries (namely, Czechia, Poland, Hungary, Romania, Slovakia, Estonia, Latvia and Lithuania), thereby restricting cross-border sales of certain of the affected PC video games based on the geographical location of the user. |
| --- | --- |

(11)

| (12) | In addition, the Decisions find that each of Bandai Namco, Focus Home, Koch Media and ZeniMax engaged with their respective distributors in the EEA (other than Valve) in geo-blocking practices in the form of licensing and distribution agreements containing clauses which restricted cross-border sales of the affected PC video games within the EEA. |
| --- | --- |

(12)

2.3.   Addressees and duration

| (13) | The following undertakings were found to have infringed Article 101 TFEU and Article 53 EEA Agreement by participating in the infringements during the periods indicated below:







  Case | Undertakings (Legal entities) | Duration |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S. | 13 March 2012 until 31 March 2015 |
| AT.40424 - Capcom | Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd. | 13 February 2013 until 17 November 2014 |
| AT.40413 – Focus Home | Focus Home Interactive S.A. | 14 March 2007 until 8 November 2018 |
| AT.40414 – Koch Media | Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria) | 20 August 2010 until 27 July 2018 |
| AT.40420 - ZeniMax | Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc. | 1 September 2009 until 9 October 2015 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve Corporation | AT.40422: 13 March 2012 until 22 April 2014
  AT.40424: 13 February 2013 until 17 November 2014
  AT.40413: 17 May 2013 until 9 October 2015
  AT.40414: 23 August 2011 until 9 October 2015
  AT.40420: 27 September 2010 until 9 October 2015 |

(13)

Case

Undertakings (Legal entities)

Duration

AT.40422 – Bandai Namco

Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S.

13 March 2012 until 31 March 2015

AT.40424 - Capcom

Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd.

13 February 2013 until 17 November 2014

AT.40413 – Focus Home

Focus Home Interactive S.A.

14 March 2007 until 8 November 2018

AT.40414 – Koch Media

Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria)

20 August 2010 until 27 July 2018

AT.40420 - ZeniMax

Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc.

1 September 2009 until 9 October 2015

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve Corporation

AT.40422: 13 March 2012 until 22 April 2014

AT.40424: 13 February 2013 until 17 November 2014

AT.40413: 17 May 2013 until 9 October 2015

AT.40414: 23 August 2011 until 9 October 2015

AT.40420: 27 September 2010 until 9 October 2015

2.4.   Fines

| (14) | The Decisions apply the 2006 Guidelines on Fines (3). |
| --- | --- |

(14)

2.4.1.   Basic amount of the fines

| (15) | In setting the fines with regard to Valve, the Commission took into account the value of sales generated at EEA level by the sale on Steam of the respective Publishers’ affected PC video games during Valve’s last full business year of participation in the infringement in each of the five cases, that is 2013 in Cases AT.40422 – Bandai Namco and AT.40424 – Capcom and 2014 in Cases AT.40413 – Focus Home, AT.40414 – Koch Media and AT.40420 – ZeniMax. In order to take into account 30 % of the gross revenue on Steam related to the respective Publishers’ affected PC video games, the Commission has subtracted the respective Publishers’ share (70 %) from the total Steam revenues for the relevant Publishers’ games. |
| --- | --- |

(15)

| (16) | In setting the fines with regard to the Publishers, the Commission took into account the value of sales generated at EEA level by each respective Publishers’ affected PC video games through both physical and digital distribution, including 70 % of the gross revenues generated by the sale of the concerned PC video games on Steam, during the last full business year of each Publisher’s respective participation in the infringements that is:






  — | Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement; |
| --- | --- | --- |

(16)

—

Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement;

| — | Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement;

| — | Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement. |
| --- | --- |

—

Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement.

| (17) | The Commission took into account the fact that each of the different restrictions, by their very nature, restricts competition within the meaning of Article 101(1) TFEU and Article 53 of the EEA Agreement and that vertical agreements and concerted practices such as those at issue are, by their nature, often less damaging to competition than horizontal agreements. Taking into account these factors and in light of the specific circumstances of each case, the proportion of values of sales taken into account was set at 7 % for each of Bandai Namco, Focus Home, Koch Media and ZeniMax and at 6 % for each of Capcom and Valve (for each of the five infringements). |
| --- | --- |

(17)

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

(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in these cases. |
| --- | --- |

(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fines do not exceed 10 % of each of the Parties’ worldwide turnover. |
| --- | --- |

(20)

2.4.4.   Reduction of the fines in view of cooperation

| (21) | The Commission concluded that, in order to reflect that each of the Publishers have effectively cooperated with the Commission beyond their legal obligation to do so, the fines that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 10 % vis-à-vis Bandai Namco, Focus Home, Koch Media and ZeniMax and by 15 % vis-à-vis Capcom. |
| --- | --- |

(21)

3.   CONCLUSION

| (22) | In light of the above, the final amounts of the fines imposed on the Parties pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the single and continuous infringements amount to the following:







  Case | Undertaking | Fine |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco | EUR 340 000 |
| AT.40424 - Capcom | Capcom | EUR 396 000 |
| AT.40413 – Focus Home | Focus Home | EUR 2 888 000 |
| AT.40414 – Koch Media | Koch Media | EUR 977 000 |
| AT.40420 - ZeniMax | ZeniMax | EUR 1 664 000 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve | EUR 1 624 000 , broken down as follows:
  EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco
  EUR 90 000 , for the infringement in Case AT.40424 – Capcom
  EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;
  EUR 308 000 , for the infringement in Case AT.40414 – Koch Media
  EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax |

(22)

Case

Undertaking

Fine

AT.40422 – Bandai Namco

Bandai Namco

EUR 340 000

AT.40424 - Capcom

Capcom

EUR 396 000

AT.40413 – Focus Home

Focus Home

EUR 2 888 000

AT.40414 – Koch Media

Koch Media

EUR 977 000

AT.40420 - ZeniMax

ZeniMax

EUR 1 664 000

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve

EUR 1 624 000 , broken down as follows:

EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco

EUR 90 000 , for the infringement in Case AT.40424 – Capcom

EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;

EUR 308 000 , for the infringement in Case AT.40414 – Koch Media

EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax

---

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

(3)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ C 210, 1.9.2006, p. 2).

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/31 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/31

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40413 Focus Home, AT.40414 Koch Media, AT.40420 Zenimax, AT.40422 Bandai Namco, AT.40424 Capcom – Valve

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/14)

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

2.

The Advisory Committee (13 Member States) agrees with the Commission on the final amount of the fine, based on the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/32 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/32

---

Final Report of the Hearing Officer (1)

Cases AT.40413 - Focus Home AT.40414 - Koch Media AT.40420 – ZeniMax AT.40422 - Bandai Namco AT.40424 – Capcom

(Text with EEA relevance)

(2022/C 320/15)

This Final Report relates to six draft decisions:

| 1) | a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom; |
| --- | --- |

1)

a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom;

| 2) | a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home; |
| --- | --- |

2)

a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home;

| 3) | a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media; |
| --- | --- |

3)

a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media;

| 4) | a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax; |
| --- | --- |

4)

a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax;

| 5) | a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and |
| --- | --- |

5)

a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and

| 6) | a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom. |
| --- | --- |

6)

a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom.

Focus Home, Koch Media, ZeniMax, Bandai Namco and Capcom are together referred to as the ‘Publishers’, and together with Valve as the ‘Parties’.

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above five cases concerning alleged anti-competitive agreements and/or concerted practices between Valve and each of the five Publishers of PC video games having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement.

On 5 April 2019, the Commission adopted five statements of objections (‘SOs’), addressed to Valve (in all five cases) and to each of the Publishers (one in each case).

Between [...], the Parties received an electronic storage device containing the accessible part of the Commission’s investigation file as it then stood in the five cases.

On [...], following an invitation to that effect from DG Competition, the Publishers expressed their willingness to engage in cooperation discussions with the Commission, whereas Valve declined the invitation.

By letter of [...], the Commission informed the Publishers that their deadline to respond to the SOs was suspended pending the cooperation discussions and that Valve had decided not to take part in the cooperation discussions.

DG Competition had initially set a time limit of eight weeks for Valve’s written response to the five SOs, until 19 June 2019. Upon Valve’s requests, I extended the time limit until 17 July 2019.

On 24 June, Valve requested from the Directorate-General for Competition (‘DG Competition’) further access to some redacted information. On 5 July 2019, after contacting the information providers, DG Competition granted access to some of the requested information in revised non-confidential versions of the documents. Valve did not subsequently raise the matter with me.

On 17 July 2019, Valve submitted its five written responses to the five SOs, each of which included a request to be heard orally.

The oral hearing of Valve took place on 9 October 2019.

Between [...], each of the five Publishers submitted formal offers to cooperate (the ‘Settlement Submissions’). The Settlement Submissions contained:

| — | an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement;

| — | an indication of the maximum fine that they would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that they would accept in the context of a cooperation procedure;

| — | confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and |
| --- | --- |

—

confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and

| — | confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs. |
| --- | --- |

—

confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs.

On 18 December 2020, the Commission sent a letter of facts to Valve, in which it informed Valve about additional evidence on which it intends to rely for the purposes of the decision to be adopted in this case. Valve already had access to the documents concerned as part of the regular access to file procedure in April 2019. Upon Valve’s request, DG Competition provided it with a revised version of one of the documents concerned in which redactions had been removed on 31 December 2020. On the same day, Valve was granted a short extension of the deadline to respond to this letter of facts, until 7 January 2021. Valve responded to the letter of facts on this date.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decisions addressed to the Parties deal only with objections in respect of which they have been afforded the opportunity of making known their views. I conclude that they do so.

As regards the Publishers, the infringements found and the fines imposed in the draft decisions correspond to those acknowledged and accepted in the Settlement Submissions.

The basic amounts of the fines that would otherwise have been imposed are reduced by 10 % for Focus Home, Koch Media, ZeniMax and Bandai Namco and by 15 % for Capcom on the ground that these undertakings have effectively and timely cooperated with the Commission beyond their legal obligation to do so, by acknowledging an infringement of Article 101 TFEU and Article 53 of the EEA Agreement and waiving certain procedural rights resulting in administrative efficiencies. In addition, Capcom submitted evidence and explanations concerning geo-blocking practices, which strengthened the Commission’s ability to prove the infringement.

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

Brussels, 18 January 2021.

Wouter WILS

---

(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) (‘Decision 2011/695/EU’).

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

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/34 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/34

---

Summary of Commission Decisions

of 20 January 2021

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom

(Video Games Cases))

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2022/C 320/16)

On 20 January 2021, the Commission adopted six decisions relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. 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 decisions, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decisions relate to restrictions of cross-border sales of certain personal computer (‘PC’) video games in the European Economic Area (‘EEA’). They are addressed to the following legal entities:






  — | Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home; |
| --- | --- | --- |

(1)

—

Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home;

| — | Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media; |
| --- | --- |

—

Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media;

| — | ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax; |
| --- | --- |

—

ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax;

| — | Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco; |
| --- | --- |

—

Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco;

| — | Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and |
| --- | --- |

—

Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and

| — | Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. |
| --- | --- |

—

Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom.

| (2) | Bandai Namco, Focus Home, Capcom, Koch Media and ZeniMax are together referred to as ‘the Publishers’, and together with Valve as the ‘Parties’. Valve operates an online PC gaming platform called ‘Steam’, which is available worldwide. |
| --- | --- |

(2)

| (3) | The Decisions concern six separate single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement consisting of: (i) bilateral agreements and/or concerted practices between Valve and each of the Publishers aimed at restricting cross-border sales of certain PC video games outside of designated Member States and Contracting Parties to the EEA Agreement based on the geographical location of the user (‘geo-blocking’) as well as (ii) cross-border sale restrictions contained in licensing and distribution agreements between each of Bandai Namco, Focus Home, Koch Media and ZeniMax and their respective distributors in the EEA (other than Valve). |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above cases. |
| --- | --- |

(4)

| (5) | On 5 April 2019, the Commission adopted five Statements of Objections, addressed to Valve (in all five cases) and to each of the Publishers (one in each case). The Statements of Objections set out the Commission’s preliminary competition concerns in relation to certain practices between Valve and each of the five Publishers having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(5)

| (6) | Subsequently, the Publishers indicated their interest to cooperate with the Commission and, later on, they submitted formal offers to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(6)

| (7) | Valve chose not to cooperate with the Commission. On 17 July 2019, it submitted its five written responses to the five Statements of Objections, each of which included a request to be heard orally. The oral hearing of Valve took place on 9 October 2019. |
| --- | --- |

(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 11 January 2021. |
| --- | --- |

(8)

| (9) | On 18 January 2021, the Hearing Officer issued his final report. |
| --- | --- |

(9)

| (10) | The Commission adopted the Decisions on 20 January 2021. |
| --- | --- |

(10)

2.2.   Summary of the infringements

| (11) | The Decisions find that Valve and each of the Publishers engaged in geo-blocking practices in the form of bilateral agreements and/or concerted practices implemented through technical restrictions, in particular by means of geo-blocked Steam activation keys, which prevented the activation of certain of the Publishers’ PC video games outside certain Central and Eastern European countries (namely, Czechia, Poland, Hungary, Romania, Slovakia, Estonia, Latvia and Lithuania), thereby restricting cross-border sales of certain of the affected PC video games based on the geographical location of the user. |
| --- | --- |

(11)

| (12) | In addition, the Decisions find that each of Bandai Namco, Focus Home, Koch Media and ZeniMax engaged with their respective distributors in the EEA (other than Valve) in geo-blocking practices in the form of licensing and distribution agreements containing clauses which restricted cross-border sales of the affected PC video games within the EEA. |
| --- | --- |

(12)

2.3.   Addressees and duration

| (13) | The following undertakings were found to have infringed Article 101 TFEU and Article 53 EEA Agreement by participating in the infringements during the periods indicated below:







  Case | Undertakings (Legal entities) | Duration |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S. | 13 March 2012 until 31 March 2015 |
| AT.40424 - Capcom | Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd. | 13 February 2013 until 17 November 2014 |
| AT.40413 – Focus Home | Focus Home Interactive S.A. | 14 March 2007 until 8 November 2018 |
| AT.40414 – Koch Media | Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria) | 20 August 2010 until 27 July 2018 |
| AT.40420 - ZeniMax | Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc. | 1 September 2009 until 9 October 2015 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve Corporation | AT.40422: 13 March 2012 until 22 April 2014
  AT.40424: 13 February 2013 until 17 November 2014
  AT.40413: 17 May 2013 until 9 October 2015
  AT.40414: 23 August 2011 until 9 October 2015
  AT.40420: 27 September 2010 until 9 October 2015 |

(13)

Case

Undertakings (Legal entities)

Duration

AT.40422 – Bandai Namco

Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S.

13 March 2012 until 31 March 2015

AT.40424 - Capcom

Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd.

13 February 2013 until 17 November 2014

AT.40413 – Focus Home

Focus Home Interactive S.A.

14 March 2007 until 8 November 2018

AT.40414 – Koch Media

Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria)

20 August 2010 until 27 July 2018

AT.40420 - ZeniMax

Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc.

1 September 2009 until 9 October 2015

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve Corporation

AT.40422: 13 March 2012 until 22 April 2014

AT.40424: 13 February 2013 until 17 November 2014

AT.40413: 17 May 2013 until 9 October 2015

AT.40414: 23 August 2011 until 9 October 2015

AT.40420: 27 September 2010 until 9 October 2015

2.4.   Fines

| (14) | The Decisions apply the 2006 Guidelines on Fines (3). |
| --- | --- |

(14)

2.4.1.   Basic amount of the fines

| (15) | In setting the fines with regard to Valve, the Commission took into account the value of sales generated at EEA level by the sale on Steam of the respective Publishers’ affected PC video games during Valve’s last full business year of participation in the infringement in each of the five cases, that is 2013 in Cases AT.40422 – Bandai Namco and AT.40424 – Capcom and 2014 in Cases AT.40413 – Focus Home, AT.40414 – Koch Media and AT.40420 – ZeniMax. In order to take into account 30 % of the gross revenue on Steam related to the respective Publishers’ affected PC video games, the Commission has subtracted the respective Publishers’ share (70 %) from the total Steam revenues for the relevant Publishers’ games. |
| --- | --- |

(15)

| (16) | In setting the fines with regard to the Publishers, the Commission took into account the value of sales generated at EEA level by each respective Publishers’ affected PC video games through both physical and digital distribution, including 70 % of the gross revenues generated by the sale of the concerned PC video games on Steam, during the last full business year of each Publisher’s respective participation in the infringements that is:






  — | Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement; |
| --- | --- | --- |

(16)

—

Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement;

| — | Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement;

| — | Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement. |
| --- | --- |

—

Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement.

| (17) | The Commission took into account the fact that each of the different restrictions, by their very nature, restricts competition within the meaning of Article 101(1) TFEU and Article 53 of the EEA Agreement and that vertical agreements and concerted practices such as those at issue are, by their nature, often less damaging to competition than horizontal agreements. Taking into account these factors and in light of the specific circumstances of each case, the proportion of values of sales taken into account was set at 7 % for each of Bandai Namco, Focus Home, Koch Media and ZeniMax and at 6 % for each of Capcom and Valve (for each of the five infringements). |
| --- | --- |

(17)

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

(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in these cases. |
| --- | --- |

(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fines do not exceed 10 % of each of the Parties’ worldwide turnover. |
| --- | --- |

(20)

2.4.4.   Reduction of the fines in view of cooperation

| (21) | The Commission concluded that, in order to reflect that each of the Publishers have effectively cooperated with the Commission beyond their legal obligation to do so, the fines that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 10 % vis-à-vis Bandai Namco, Focus Home, Koch Media and ZeniMax and by 15 % vis-à-vis Capcom. |
| --- | --- |

(21)

3.   CONCLUSION

| (22) | In light of the above, the final amounts of the fines imposed on the Parties pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the single and continuous infringements amount to the following:







  Case | Undertaking | Fine |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco | EUR 340 000 |
| AT.40424 - Capcom | Capcom | EUR 396 000 |
| AT.40413 – Focus Home | Focus Home | EUR 2 888 000 |
| AT.40414 – Koch Media | Koch Media | EUR 977 000 |
| AT.40420 - ZeniMax | ZeniMax | EUR 1 664 000 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve | EUR 1 624 000 , broken down as follows:
  EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco
  EUR 90 000 , for the infringement in Case AT.40424 – Capcom
  EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;
  EUR 308 000 , for the infringement in Case AT.40414 – Koch Media
  EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax |

(22)

Case

Undertaking

Fine

AT.40422 – Bandai Namco

Bandai Namco

EUR 340 000

AT.40424 - Capcom

Capcom

EUR 396 000

AT.40413 – Focus Home

Focus Home

EUR 2 888 000

AT.40414 – Koch Media

Koch Media

EUR 977 000

AT.40420 - ZeniMax

ZeniMax

EUR 1 664 000

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve

EUR 1 624 000 , broken down as follows:

EUR 31 000 , for the infringement in Case AT.40422 – Bandai Namco

EUR 90 000 , for the infringement in Case AT.40424 – Capcom

EUR 102 000 , for the infringement in Case AT.40413 – Focus Home;

EUR 308 000 , for the infringement in Case AT.40414 – Koch Media

EUR 1 093 000 , for the infringement in Case AT.40420 - ZeniMax

---

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

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

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/38 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/38

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 11 January 2021 concerning a draft decision in case COMP/AT.40424 Capcom

Rapporteur: Latvia

(Text with EEA relevance)

(2022/C 320/17)

1.

The Advisory Committee (13 Member States) overall agrees with the draft decision and agrees with the Commission’s assessment that the conduct covered by the draft decision constitutes a single and continuous infringement of Article 101 TFEU and of Article 53 of the EEA Agreement.

2.

The Advisory Committee (13 Member States) agrees 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 Regulation No 1/2003.

3.

The Advisory Committee (13 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/39 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/39

---

Final Report of the Hearing Officer (1)

Cases AT.40413 – Focus Home AT.40414 – Koch Media AT.40420 – ZeniMax AT.40422 – Bandai Namco AT.40424 – Capcom

(Text with EEA relevance)

(2022/C 320/18)

This Final Report relates to six draft decisions:

| 1) | a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom; |
| --- | --- |

1)

a draft decision addressed to Valve Corporation (‘Valve’) in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom;

| 2) | a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home; |
| --- | --- |

2)

a draft decision addressed to Focus Home Interactive S.A. (‘Focus Home’) in Case AT.40413 – Focus Home;

| 3) | a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media; |
| --- | --- |

3)

a draft decision addressed to Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’) in Case AT.40414 – Koch Media;

| 4) | a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax; |
| --- | --- |

4)

a draft decision addressed to ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’) in Case AT.40420 – ZeniMax;

| 5) | a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and |
| --- | --- |

5)

a draft decision addressed to Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’) in Case AT.40422 – Bandai Namco; and

| 6) | a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom. |
| --- | --- |

6)

a draft decision addressed to Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’) in Case AT.40424 – Capcom.

Focus Home, Koch Media, ZeniMax, Bandai Namco and Capcom are together referred to as the ‘Publishers’, and together with Valve as the ‘Parties’.

On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above five cases concerning alleged anti-competitive agreements and/or concerted practices between Valve and each of the five Publishers of PC video games having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement.

On 5 April 2019, the Commission adopted five statements of objections (‘SOs’), addressed to Valve (in all five cases) and to each of the Publishers (one in each case).

Between [...], the Parties received an electronic storage device containing the accessible part of the Commission’s investigation file as it then stood in the five cases.

On [...], following an invitation to that effect from DG Competition, the Publishers expressed their willingness to engage in cooperation discussions with the Commission, whereas Valve declined the invitation.

By letter of [...], the Commission informed the Publishers that their deadline to respond to the SOs was suspended pending the cooperation discussions and that Valve had decided not to take part in the cooperation discussions.

DG Competition had initially set a time limit of eight weeks for Valve’s written response to the five SOs, until 19 June 2019. Upon Valve’s requests, I extended the time limit until 17 July 2019.

On 24 June, Valve requested from the Directorate-General for Competition (‘DG Competition’) further access to some redacted information. On 5 July 2019, after contacting the information providers, DG Competition granted access to some of the requested information in revised non-confidential versions of the documents. Valve did not subsequently raise the matter with me.

On 17 July 2019, Valve submitted its five written responses to the five SOs, each of which included a request to be heard orally.

The oral hearing of Valve took place on 9 October 2019.

Between [...], each of the five Publishers submitted formal offers to cooperate (the ‘Settlement Submissions’). The Settlement Submissions contained:

| — | an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement; |
| --- | --- |

—

an acknowledgement, in clear and unequivocal terms, of liability for the infringements regarding the practices set out in the SOs and as described in the Settlement Submissions, including facts, legal qualifications, their roles in the infringements and the duration of their participation in the infringement;

| — | an indication of the maximum fine that they would accept in the context of a cooperation procedure; |
| --- | --- |

—

an indication of the maximum fine that they would accept in the context of a cooperation procedure;

| — | confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and |
| --- | --- |

—

confirmation that sufficient opportunity to access the evidence supporting the objections and all other documents in the Commission’s file had been granted; and

| — | confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs. |
| --- | --- |

—

confirmation that sufficient opportunity to make their views known had been granted and that the Settlement Submissions constituted their responses to the SOs.

On 18 December 2020, the Commission sent a letter of facts to Valve, in which it informed Valve about additional evidence on which it intends to rely for the purposes of the decision to be adopted in this case. Valve already had access to the documents concerned as part of the regular access to file procedure in April 2019. Upon Valve’s request, DG Competition provided it with a revised version of one of the documents concerned in which redactions had been removed on 31 December 2020. On the same day, Valve was granted a short extension of the deadline to respond to this letter of facts, until 7 January 2021. Valve responded to the letter of facts on this date.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decisions addressed to the Parties deal only with objections in respect of which they have been afforded the opportunity of making known their views. I conclude that they do so.

As regards the Publishers, the infringements found and the fines imposed in the draft decisions correspond to those acknowledged and accepted in the Settlement Submissions.

The basic amounts of the fines that would otherwise have been imposed are reduced by 10 % for Focus Home, Koch Media, ZeniMax and Bandai Namco and by 15 % for Capcom on the ground that these undertakings have effectively and timely cooperated with the Commission beyond their legal obligation to do so, by acknowledging an infringement of Article 101 TFEU and Article 53 of the EEA Agreement and waiving certain procedural rights resulting in administrative efficiencies. In addition, Capcom submitted evidence and explanations concerning geo-blocking practices, which strengthened the Commission’s ability to prove the infringement.

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

Brussels, 18 January 2021.

Wouter WILS

---

(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) (‘Decision 2011/695/EU’).

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

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/41 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/41

---

Summary of Commission Decision

of 20 January 2021

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom

(Video Games Cases))

(notified under documents C(2021) 57 final, C(2021) 63 final, C(2021) 72 final, C(2021) 74 final, C(2021) 75 final and C(2021) 78 final)

(Only the English text is authentic)

(Text with EEA relevance)

(2022/C 320/19)

On 20 January 2021, the Commission adopted six decisions relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area in the five Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. 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 decisions, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decisions relate to restrictions of cross-border sales of certain personal computer (‘PC’) video games in the European Economic Area (‘EEA’). They are addressed to the following legal entities:






  — | Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home; |
| --- | --- | --- |

(1)

—

Focus Home Interactive S.A. (‘Focus Home’), in Case AT.40413 – Focus Home;

| — | Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media; |
| --- | --- |

—

Koch Media GmbH (Austria), Koch Media GmbH (Germany) and Koch Media Ltd (the undertaking comprising those three entities being referred to as ‘Koch Media’), in Case AT.40414 – Koch Media;

| — | ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax; |
| --- | --- |

—

ZeniMax Media Inc., ZeniMax Europe Ltd. and Bethesda Softworks LLC (the undertaking comprising those three entities being referred to as ‘ZeniMax’), in Case AT.40420 – ZeniMax;

| — | Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco; |
| --- | --- |

—

Bandai Namco Holdings Inc. and Bandai Namco Entertainment Europe S.A.S. (the undertaking comprising those two entities being referred to as ‘Bandai Namco’), in Case AT.40422 – Bandai Namco;

| — | Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and |
| --- | --- |

—

Capcom Co., Ltd, Capcom USA, Inc. and CE Europe Ltd. (the undertaking comprising those three entities being referred to as ‘Capcom’), in Case AT.40424 – Capcom, and

| — | Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom. |
| --- | --- |

—

Valve Corporation (‘Valve’), in Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco and AT.40424 – Capcom.

| (2) | Bandai Namco, Focus Home, Capcom, Koch Media and ZeniMax are together referred to as ‘the Publishers’, and together with Valve as the ‘Parties’. Valve operates an online PC gaming platform called ‘Steam’, which is available worldwide. |
| --- | --- |

(2)

| (3) | The Decisions concern six separate single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement consisting of: (i) bilateral agreements and/or concerted practices between Valve and each of the Publishers aimed at restricting cross-border sales of certain PC video games outside of designated Member States and Contracting Parties to the EEA Agreement based on the geographical location of the user (‘geo-blocking’) as well as (ii) cross-border sale restrictions contained in licensing and distribution agreements between each of Bandai Namco, Focus Home, Koch Media and ZeniMax and their respective distributors in the EEA (other than Valve). |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | On 2 February 2017, the Commission initiated proceedings within the meaning of Article 2(1) of Regulation (EC) No 773/2004 (2) against the Parties and all legal entities directly or indirectly controlled by them in the above cases. |
| --- | --- |

(4)

| (5) | On 5 April 2019, the Commission adopted five Statements of Objections, addressed to Valve (in all five cases) and to each of the Publishers (one in each case). The Statements of Objections set out the Commission’s preliminary competition concerns in relation to certain practices between Valve and each of the five Publishers having the object of preventing or restricting the sale of PC video games across national borders within the EEA contrary to Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(5)

| (6) | Subsequently, the Publishers indicated their interest to cooperate with the Commission and, later on, they submitted formal offers to cooperate in view of the adoption of a decision pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003. |
| --- | --- |

(6)

| (7) | Valve chose not to cooperate with the Commission. On 17 July 2019, it submitted its five written responses to the five Statements of Objections, each of which included a request to be heard orally. The oral hearing of Valve took place on 9 October 2019. |
| --- | --- |

(7)

| (8) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 11 January 2021. |
| --- | --- |

(8)

| (9) | On 18 January 2021, the Hearing Officer issued his final report. |
| --- | --- |

(9)

| (10) | The Commission adopted the Decisions on 20 January 2021. |
| --- | --- |

(10)

2.2.   Summary of the infringements

| (11) | The Decisions find that Valve and each of the Publishers engaged in geo-blocking practices in the form of bilateral agreements and/or concerted practices implemented through technical restrictions, in particular by means of geo-blocked Steam activation keys, which prevented the activation of certain of the Publishers’ PC video games outside certain Central and Eastern European countries (namely, Czechia, Poland, Hungary, Romania, Slovakia, Estonia, Latvia and Lithuania), thereby restricting cross-border sales of certain of the affected PC video games based on the geographical location of the user. |
| --- | --- |

(11)

| (12) | In addition, the Decisions find that each of Bandai Namco, Focus Home, Koch Media and ZeniMax engaged with their respective distributors in the EEA (other than Valve) in geo-blocking practices in the form of licensing and distribution agreements containing clauses which restricted cross-border sales of the affected PC video games within the EEA. |
| --- | --- |

(12)

2.3.   Addressees and duration

| (13) | The following undertakings were found to have infringed Article 101 TFEU and Article 53 EEA Agreement by participating in the infringements during the periods indicated below:







  Case | Undertakings (Legal entities) | Duration |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S. | 13 March 2012 until 31 March 2015 |
| AT.40424 - Capcom | Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd. | 13 February 2013 until 17 November 2014 |
| AT.40413 – Focus Home | Focus Home Interactive S.A. | 14 March 2007 until 8 November 2018 |
| AT.40414 – Koch Media | Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria) | 20 August 2010 until 27 July 2018 |
| AT.40420 - ZeniMax | Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc. | 1 September 2009 until 9 October 2015 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve Corporation | AT.40422: 13 March 2012 until 22 April 2014
  AT.40424: 13 February 2013 until 17 November 2014
  AT.40413: 17 May 2013 until 9 October 2015
  AT.40414: 23 August 2011 until 9 October 2015
  AT.40420: 27 September 2010 until 9 October 2015 |

(13)

Case

Undertakings (Legal entities)

Duration

AT.40422 – Bandai Namco

Bandai Namco Holdings Inc.; Bandai Namco Entertainment Europe S.A.S.

13 March 2012 until 31 March 2015

AT.40424 - Capcom

Capcom Co., Ltd.; Capcom U.S.A., Inc.; CE Europe Ltd.

13 February 2013 until 17 November 2014

AT.40413 – Focus Home

Focus Home Interactive S.A.

14 March 2007 until 8 November 2018

AT.40414 – Koch Media

Koch Media GmbH (Germany); Koch Media Ltd (UK); Koch Media GmbH (Austria)

20 August 2010 until 27 July 2018

AT.40420 - ZeniMax

Bethesda Softworks LLC; ZeniMax Europe Ltd.; ZeniMax Media Inc.

1 September 2009 until 9 October 2015

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve Corporation

AT.40422: 13 March 2012 until 22 April 2014

AT.40424: 13 February 2013 until 17 November 2014

AT.40413: 17 May 2013 until 9 October 2015

AT.40414: 23 August 2011 until 9 October 2015

AT.40420: 27 September 2010 until 9 October 2015

2.4.   Fines

| (14) | The Decisions apply the 2006 Guidelines on Fines (3). |
| --- | --- |

(14)

2.4.1.   Basic amount of the fines

| (15) | In setting the fines with regard to Valve, the Commission took into account the value of sales generated at EEA level by the sale on Steam of the respective Publishers’ affected PC video games during Valve’s last full business year of participation in the infringement in each of the five cases, that is 2013 in Cases AT.40422 – Bandai Namco and AT.40424 – Capcom and 2014 in Cases AT.40413 – Focus Home, AT.40414 – Koch Media and AT.40420 – ZeniMax. In order to take into account 30 % of the gross revenue on Steam related to the respective Publishers’ affected PC video games, the Commission has subtracted the respective Publishers’ share (70 %) from the total Steam revenues for the relevant Publishers’ games. |
| --- | --- |

(15)

| (16) | In setting the fines with regard to the Publishers, the Commission took into account the value of sales generated at EEA level by each respective Publishers’ affected PC video games through both physical and digital distribution, including 70 % of the gross revenues generated by the sale of the concerned PC video games on Steam, during the last full business year of each Publisher’s respective participation in the infringements that is:






  — | Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement; |
| --- | --- | --- |

(16)

—

Financial year 2014 (running from 1 April 2014 to 31 March 2015) in Case AT.40422 – Bandai Namco, which was the last full business year of Bandai Namco’s participation in the single and continuous infringement;

| — | Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2013 (running from 1 April 2013 to 31 March 2014) in Case AT.40424 – Capcom, which was the last full business year of Capcom’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 January 2017 to 31 March 2018) in Case AT.40413 - Focus Home, which was the last full business year of Focus Home’s participation in the single and continuous infringement;

| — | Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement; |
| --- | --- |

—

Financial year 2017 (running from 1 April 2017 to 31 March 2018) in Case AT.40414 – Koch Media, which was the last full business year of Koch Media’s participation in the single and continuous infringement;

| — | Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement. |
| --- | --- |

—

Financial year 2014 (running from 1 January 2014 to 31 December 2014) in Case AT.40420 – ZeniMax, which was the last full business year of ZeniMax’s participation in the single and continuous infringement.

| (17) | The Commission took into account the fact that each of the different restrictions, by their very nature, restricts competition within the meaning of Article 101(1) TFEU and Article 53 of the EEA Agreement and that vertical agreements and concerted practices such as those at issue are, by their nature, often less damaging to competition than horizontal agreements. Taking into account these factors and in light of the specific circumstances of each case, the proportion of values of sales taken into account was set at 7 % for each of Bandai Namco, Focus Home, Koch Media and ZeniMax and at 6 % for each of Capcom and Valve (for each of the five infringements). |
| --- | --- |

(17)

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

(18)

2.4.2.   Adjustments to the basic amount

| (19) | There are no aggravating or mitigating circumstances in these cases. |
| --- | --- |

(19)

2.4.3.   Application of the 10 % turnover limit

| (20) | The calculated fines do not exceed 10 % of each of the Parties’ worldwide turnover. |
| --- | --- |

(20)

2.4.4.   Reduction of the fines in view of cooperation

| (21) | The Commission concluded that, in order to reflect that each of the Publishers have effectively cooperated with the Commission beyond their legal obligation to do so, the fines that would otherwise have been imposed should, pursuant to point 37 of the Guidelines on Fines, be reduced by 10 % vis-à-vis Bandai Namco, Focus Home, Koch Media and ZeniMax and by 15 % vis-à-vis Capcom. |
| --- | --- |

(21)

3.   CONCLUSION

| (22) | In light of the above, the final amounts of the fines imposed on the Parties pursuant to Article 23(2) of Regulation (EC) No 1/2003 for the single and continuous infringements amount to the following:







  Case | Undertaking | Fine |
| --- | --- | --- | --- |
| AT.40422 – Bandai Namco | Bandai Namco | EUR 340 000 |
| AT.40424 - Capcom | Capcom | EUR 396 000 |
| AT.40413 – Focus Home | Focus Home | EUR 2 888 000 |
| AT.40414 – Koch Media | Koch Media | EUR 977 000 |
| AT.40420 - ZeniMax | ZeniMax | EUR 1 664 000 |
| AT.40422 – Bandai Namco
  AT.40424 – Capcom
  AT.40413 – Focus Home
  AT.40414 – Koch Media
  AT.40420 - ZeniMax | Valve | EUR 1 624 000 , broken down as follows:
  EUR 31 000 , for the infringement in Case AT.40 422 – Bandai Namco
  EUR 90 000 , for the infringement in Case AT.40 424 – Capcom
  EUR 102 000 , for the infringement in Case AT.40 413 – Focus Home;
  EUR 308 000 , for the infringement in Case AT.40 414 – Koch Media
  EUR 1 093 000 , for the infringement in Case AT.40 420 - ZeniMax |

(22)

Case

Undertaking

Fine

AT.40422 – Bandai Namco

Bandai Namco

EUR 340 000

AT.40424 - Capcom

Capcom

EUR 396 000

AT.40413 – Focus Home

Focus Home

EUR 2 888 000

AT.40414 – Koch Media

Koch Media

EUR 977 000

AT.40420 - ZeniMax

ZeniMax

EUR 1 664 000

AT.40422 – Bandai Namco

AT.40424 – Capcom

AT.40413 – Focus Home

AT.40414 – Koch Media

AT.40420 - ZeniMax

Valve

EUR 1 624 000 , broken down as follows:

EUR 31 000 , for the infringement in Case AT.40 422 – Bandai Namco

EUR 90 000 , for the infringement in Case AT.40 424 – Capcom

EUR 102 000 , for the infringement in Case AT.40 413 – Focus Home;

EUR 308 000 , for the infringement in Case AT.40 414 – Koch Media

EUR 1 093 000 , for the infringement in Case AT.40 420 - ZeniMax

---

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

(3)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ C 210, 1.9.2006, p. 2).

---

NOTICES FROM MEMBER STATES

| 24.8.2022 | EN | Official Journal of the European Union | C 320/46 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/46

---

Information communicated by Member States regarding closure of fisheries

(2022/C 320/20)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 25.07.2022 |
| --- | --- |
| Duration | 25.07.2022 — 31.12.2022 |
| Member State | Portugal |
| Stock or Group of stocks | BET/ATLANT (including BET/*ATLLL and BET/*ATLPS) |
| Species | Bigeye tuna (Thunnus obesus) |
| Zone | Atlantic Ocean |
| Type(s) of fishing vessels | — |
| Reference number | 04/TQ109 |

Date and time of closure

25.07.2022

Duration

25.07.2022 — 31.12.2022

Member State

Portugal

Stock or Group of stocks

BET/ATLANT (including BET/*ATLLL and BET/*ATLPS)

Species

Bigeye tuna (Thunnus obesus)

Zone

Atlantic Ocean

Type(s) of fishing vessels

—

Reference number

04/TQ109

---

(1)  OJ L 343, 22.12.2009, p. 1

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 24.8.2022 | EN | Official Journal of the European Union | C 320/47 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/47

---

Notice concerning the implementation of the ruling of the Dispute Settlement Body of the World Trade Organization regarding the safeguard measure applicable to imports into the Union of certain steel products

(2022/C 320/21)

On 31 May 2022, the Dispute Settlement Body of the WTO (‘DSB’) adopted the panel report in the dispute brought by Turkey, DS595 European Union-Safeguard Measures on Certain Steel Products (1). In the report, the panel considered that the explanations and reasoning provided by the EU with respect to some aspects of its original measure did not meet the requirements of the Agreement Establishing the World Trade Organization (‘WTO Agreement’).

The purpose of this notice is to inform interested parties that the Commission will implement the DSB recommendation and ruling. To that effect, the Commission invites interested parties to provide comments. The EU will implement the measure by bringing the safeguard measure on certain steel products into conformity with the WTO Agreement on Safeguards and the GATT 1994, with respect to the instances where the WTO panel had concluded that the EU’s safeguard measure is inconsistent with those covered agreements. The panel’s findings of inconsistencies concerned two legal points under Article XIX:1(a) of the GATT 1994, and two elements of one legal point under Article 4.1(b) of the WTO Agreement on Safeguards.

Regarding Article XIX:1(a) of the GATT 1994, the original safeguard measure had not sufficiently explained how the increase in imports took place as a result of the unforeseen developments that had been identified. Also, the measure had not identified the GATT obligations whose effect resulted in the increase in imports.

Regarding Article 4.1(b) of the WTO Agreement on Safeguards, the panel found that two central elements of the determination of a threat of serious injury were not ‘based on facts’: first, the finding that the domestic industry was ‘in a fragile and vulnerable position’, despite its improved performance and, second, the finding that a further increase in import volumes in the future would bring about serious injury to the domestic industry.

For the purpose of implementation, the Commission intends to supplement Implementing Regulation (EU) 2019/159 (2) on the above points. Interested parties are thus invited to submit comments exclusively on those points.

The panel’s findings in the above respects can be found in section 7.3.2.3 of the panel report as regards the link between the increase in imports and unforeseen developments; in section 7.4 of the panel report as regards the effects of obligations, and in section 7.6.2 of the panel report as regards the threat of serious injury.

1.   Procedure

In light of the above, the Commission hereby reopens the original safeguard investigation at the point in time where further clarifications are necessary in light of the findings of the panel. The relevant point is just prior to the adoption of the definitive safeguard measure.

1.1.   Written submissions

Interested parties who wish to participate in the proceeding are hereby invited to make their views known, submit information and provide supporting evidence to the Commission. This information and supporting evidence must reach the Commission within 21 days from the day of the publication of this Notice in the Official Journal (3).

1.2.   Submission of information and extension to time limits specified in this Notice

As a rule, interested parties may only submit information within the timeframes specified in this Notice. Any extension to the time limits provided for in this Notice can only be requested in exceptional circumstances and will only be granted if duly justified. Duly justified exceptional extensions to the deadline to make submission will normally be limited to three additional days.

Interested parties are requested not to provide further information outside the periods set out in this Notice or in any further communication sent by the Commission. In order to properly conclude the investigation on time, any submission, rebuttal or any other written document which does not respect the deadlines specified by the Commission may be disregarded.

1.3.   Instructions for making written submissions and correspondence

Information submitted to the Commission for the purpose of trade defence proceeding must be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission from the copyright holder explicitly allowing the Commission a) to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’ (4). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 8 of EU Regulation 2015/478 (5) and Article 5 of EU Regulation 2015/755 (6), which will be labelled ‘For inspection by interested parties’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence and must reach the Commission at the same time of the ‘Sensitive’ version.

If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information.

Interested parties are strongly encouraged to make all written submissions and requests via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI), including scanned powers of attorney where appropriate.

By using TRON.tdi or e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf

The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business email that is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions via TRON.tdi, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate G, unit G5 |
| Office: CHAR 03/66 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Trade

Directorate G, unit G5

Office: CHAR 03/66

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi: https://webgate.ec.europa.eu/tron/tdi

Email address: TRADE-SAFE009-REVIEW@ec.europa.eu

2.   Possibility to be heard by the Commission investigation services

Interested parties may be heard by the Commission investigation services provided that they are actually likely to be affected by the outcome of the reopening of the original safeguard investigation and that there are special reasons for them to be heard orally. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initiation of the present investigation, the request must be submitted within 21 days of the date of publication of this Notice in the Official Journal of the European Union.

3.   Hearing Officer

The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

Interested parties may request an intervention of the Hearing Officer. In principle, these interventions shall be limited to the issues that have arisen during the current review proceeding.

A request for an intervention of the Hearing Officer should be made in writing and should specify the reasons for the request. Interested parties are invited to follow the timeframes set out in Section 1.1 of this Notice to requests for intervention to the Hearing Officer. Where such requests are submitted outside the relevant timeframes, the Hearing Officer may also examine the reasons for such late requests, having due regard to the interests of good administration and the timely completion of the investigation.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.

4.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (7).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s website: http://trade.ec.europa.eu/doclib/html/157639.htm

---

(1)  Panel report available at: https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/DS/595R.pdf&Open=True

(2)  Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27).

(3)  Regulation (EEC, EURATOM) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).

(4)  A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 8 of Regulation (EU) 2015/478, Article 5 of Regulation (EU) 2015/755 and Article 3.2 of the WTO Agreement on Safeguards. It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(5)  OJ L 83, 27.3.2015, p. 16.

(6)  OJ L 123, 19.5.2015, p. 33.

(7)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 24.8.2022 | EN | Official Journal of the European Union | C 320/51 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/51

---

Prior notification of a concentration

(Case M.10833 - FRANKLIN RESOURCES / BNY ALCENTRA GROUP HOLDINGS)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 320/22)

1.

This notification concerns the following undertakings:

| — | Franklin Resources, Inc. (‘Franklin Templeton’, United States), |
| --- | --- |

—

Franklin Resources, Inc. (‘Franklin Templeton’, United States),

| — | BNY Alcentra Group Holdings Inc. (‘Alcentra’, United States), controlled by The Bank of New York Mellon Corporation (United States). |
| --- | --- |

—

BNY Alcentra Group Holdings Inc. (‘Alcentra’, United States), controlled by The Bank of New York Mellon Corporation (United States).

Franklin Templeton will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Alcentra.

The concentration is accomplished by way of purchase of shares.

2.

| — | Franklin Templeton is a global investment management organisation that provides investment management and related services to retail, institutional and high-net-worth investors worldwide through its investment products, |
| --- | --- |

—

Franklin Templeton is a global investment management organisation that provides investment management and related services to retail, institutional and high-net-worth investors worldwide through its investment products,

| — | Alcentra is an active global asset management firm that manages sub- investment grade debt, with global expertise in senior loans, direct lending, mezzanine debt, high yield bonds, distressed situations, structured credit and multi strategy products. |
| --- | --- |

—

Alcentra is an active global asset management firm that manages sub- investment grade debt, with global expertise in senior loans, direct lending, mezzanine debt, high yield bonds, distressed situations, structured credit and multi strategy products.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (1) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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.10833 - FRANKLIN RESOURCES / BNY ALCENTRA GROUP HOLDINGS

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 |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ C 366, 14.12.2013, p. 5.

1

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/53 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/53

---

Prior notification of a concentration

(Case M.10871 – E.ON / FSI / WESTENERGIE BREITBAND)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 320/23)

1.

This notification concerns the following undertakings:

| — | E.ON SE (‘E.ON’, Germany), |
| --- | --- |

—

E.ON SE (‘E.ON’, Germany),

| — | First Sentier Investors Holdings Pty Ltd (‘FSI’, Australia), currently controlled by Mitsubishi UFL Financial Group, Inc, (‘MUFG’, Japan), |
| --- | --- |

—

First Sentier Investors Holdings Pty Ltd (‘FSI’, Australia), currently controlled by Mitsubishi UFL Financial Group, Inc, (‘MUFG’, Japan),

| — | Westenergie Breitband GmbH (‘Westenergie Breitband’, Germany), currently controlled by E.ON. |
| --- | --- |

—

Westenergie Breitband GmbH (‘Westenergie Breitband’, Germany), currently controlled by E.ON.

E.ON and MUFG will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Westenergie Breitband.

The concentration is accomplished by way of purchase of shares.

2.

| — | E.ON is an international energy and utility company, |
| --- | --- |

—

E.ON is an international energy and utility company,

| — | FSI forms part of the global asset management group First Sentier Investors Group that is ultimately controlled by MUFG, a global asset management group and provider of banking services, |
| --- | --- |

—

FSI forms part of the global asset management group First Sentier Investors Group that is ultimately controlled by MUFG, a global asset management group and provider of banking services,

| — | Westenergie Breitband builds and operates glass fibre optic broadband networks in Germany. |
| --- | --- |

—

Westenergie Breitband builds and operates glass fibre optic broadband networks in Germany.

3.

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.

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

M.10871 – E.ON / FSI / WESTENERGIE BREITBAND

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 |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 24.8.2022 | EN | Official Journal of the European Union | C 320/55 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/55

---

Prior notification of a concentration

(Case M.10856 – OAKTREE / CPP INVESTMENTS / PORTS AMERICA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 320/24)

1.

This notification concerns the following undertakings:

| — | Oaktree Transportation Infrastructure Capital Partners GP, L.P. (‘Oaktree Transportation’, United States), |
| --- | --- |

—

Oaktree Transportation Infrastructure Capital Partners GP, L.P. (‘Oaktree Transportation’, United States),

| — | CPPIB PAG Canada Inc. (‘CPPIB’, Canada), |
| --- | --- |

—

CPPIB PAG Canada Inc. (‘CPPIB’, Canada),

| — | Ports America Group, Inc. (‘Ports America’, United States). |
| --- | --- |

—

Ports America Group, Inc. (‘Ports America’, United States).

Oaktree Transportation and CPPIB will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of Ports America.

The concentration is accomplished by way of purchase of shares.

2.

| — | Oaktree Transportation: part of the broader Oaktree Capital group, a global alternative and non-traditional investment management firm, |
| --- | --- |

—

Oaktree Transportation: part of the broader Oaktree Capital group, a global alternative and non-traditional investment management firm,

| — | CPPIB: part of Canada Pension Plan Investment Board, an investment management organisation that invests the funds transferred to it from the Canada Pension Plan, with offices in Hong Kong, London, Luxembourg, Mumbai, New York City, Sao Paulo, San Francisco and Sydney. Canada Pension Plan Investment Board principally invests in public equities, private equities, real estate, infrastructure and fixed income investments, |
| --- | --- |

—

CPPIB: part of Canada Pension Plan Investment Board, an investment management organisation that invests the funds transferred to it from the Canada Pension Plan, with offices in Hong Kong, London, Luxembourg, Mumbai, New York City, Sao Paulo, San Francisco and Sydney. Canada Pension Plan Investment Board principally invests in public equities, private equities, real estate, infrastructure and fixed income investments,

| — | Ports America: marine terminal operator and stevedore company with operations throughout the U.S. coasts. |
| --- | --- |

—

Ports America: marine terminal operator and stevedore company with operations throughout the U.S. coasts.

3.

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.

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

M.10856 – OAKTREE / CPP INVESTMENTS / PORTS AMERICA

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 |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---