# Official Journal C 275/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.275.eng |
| --- | --- |
| Official Journal
  of the European Union | C 275 |
| | |
| English edition | Information and Notices | Volume 5420 September 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.275.eng

Official Journal

of the European Union

C 275

English edition

Information and Notices

Volume 5420 September 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 275/01 | Non-opposition to a notified concentration (Case COMP/M.6371 — OTPP/Macquarie/Copenhagen Airports) (
  1
  ) | 1 |
| 2011/C 275/02 | Non-opposition to a notified concentration (Case COMP/M.6372 — OTPP/Macquarie/SFPI-FPIM/The Brussels Airport Company) (
  1
  ) | 1 |
| 2011/C 275/03 | Non-opposition to a notified concentration (Case COMP/M.6250 — Rexnord/VAG) (
  1
  ) | 2 |
| 2011/C 275/04 | Non-opposition to a notified concentration (Case COMP/M.6172 — Daimler/Rolls-Royce/Tognum/Bergen) (
  1
  ) | 2 |
| 2011/C 275/05 | Non-opposition to a notified concentration (Case COMP/M.6245 — Liberty Mutual Group/The Irish General Business of Quinn Insurance Limited) (
  1
  ) | 3 |
| 2011/C 275/06 | Non-opposition to a notified concentration (Case COMP/M.6301 — Eurazeo/Moncler) (
  1
  ) | 3 |
| 2011/C 275/07 | Non-opposition to a notified concentration (Case COMP/M.6317 — BNP Paribas/Fortis Luxembourg-VIE) (
  1
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 275/01

Non-opposition to a notified concentration (Case COMP/M.6371 — OTPP/Macquarie/Copenhagen Airports) (
  1
  )

1

1

2011/C 275/02

Non-opposition to a notified concentration (Case COMP/M.6372 — OTPP/Macquarie/SFPI-FPIM/The Brussels Airport Company) (
  1
  )

1

1

2011/C 275/03

Non-opposition to a notified concentration (Case COMP/M.6250 — Rexnord/VAG) (
  1
  )

1

2

2011/C 275/04

Non-opposition to a notified concentration (Case COMP/M.6172 — Daimler/Rolls-Royce/Tognum/Bergen) (
  1
  )

1

2

2011/C 275/05

Non-opposition to a notified concentration (Case COMP/M.6245 — Liberty Mutual Group/The Irish General Business of Quinn Insurance Limited) (
  1
  )

1

3

2011/C 275/06

Non-opposition to a notified concentration (Case COMP/M.6301 — Eurazeo/Moncler) (
  1
  )

1

3

2011/C 275/07

Non-opposition to a notified concentration (Case COMP/M.6317 — BNP Paribas/Fortis Luxembourg-VIE) (
  1
  )

1

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 275/08 | Euro exchange rates | 5 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 275/09 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 275/08

Euro exchange rates

5

NOTICES FROM MEMBER STATES

2011/C 275/09

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

6

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 275/10 | Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/C-3/39.692/IBM — Maintenance services (
  1
  ) | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 275/10

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/C-3/39.692/IBM — Maintenance services (
  1
  )

1

8

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 20.9.2011 | EN | Official Journal of the European Union | C 275/1 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/1

---

Non-opposition to a notified concentration

(Case COMP/M.6371 — OTPP/Macquarie/Copenhagen Airports)

(Text with EEA relevance)

2011/C 275/01

On 14 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6371. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6371. EUR-Lex is the on-line access to the European law.

---

| 20.9.2011 | EN | Official Journal of the European Union | C 275/1 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/1

---

Non-opposition to a notified concentration

(Case COMP/M.6372 — OTPP/Macquarie/SFPI-FPIM/The Brussels Airport Company)

(Text with EEA relevance)

2011/C 275/02

On 14 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6372. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6372. EUR-Lex is the on-line access to the European law.

---

| 20.9.2011 | EN | Official Journal of the European Union | C 275/2 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/2

---

Non-opposition to a notified concentration

(Case COMP/M.6250 — Rexnord/VAG)

(Text with EEA relevance)

2011/C 275/03

On 6 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6250. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6250. EUR-Lex is the on-line access to the European law.

---

| 20.9.2011 | EN | Official Journal of the European Union | C 275/2 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/2

---

Non-opposition to a notified concentration

(Case COMP/M.6172 — Daimler/Rolls-Royce/Tognum/Bergen)

(Text with EEA relevance)

2011/C 275/04

On 25 July 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6172. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6172. EUR-Lex is the on-line access to the European law.

---

| 20.9.2011 | EN | Official Journal of the European Union | C 275/3 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/3

---

Non-opposition to a notified concentration

(Case COMP/M.6245 — Liberty Mutual Group/The Irish General Business of Quinn Insurance Limited)

(Text with EEA relevance)

2011/C 275/05

On 5 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6245. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6245. EUR-Lex is the on-line access to the European law.

---

| 20.9.2011 | EN | Official Journal of the European Union | C 275/3 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/3

---

Non-opposition to a notified concentration

(Case COMP/M.6301 — Eurazeo/Moncler)

(Text with EEA relevance)

2011/C 275/06

On 13 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6301. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6301. EUR-Lex is the on-line access to the European law.

---

| 20.9.2011 | EN | Official Journal of the European Union | C 275/4 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/4

---

Non-opposition to a notified concentration

(Case COMP/M.6317 — BNP Paribas/Fortis Luxembourg-VIE)

(Text with EEA relevance)

2011/C 275/07

On 13 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6317. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6317. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 20.9.2011 | EN | Official Journal of the European Union | C 275/5 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/5

---

Euro exchange rates (1)

19 September 2011

2011/C 275/08

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3641 |
| JPY | Japanese yen | 104,62 |
| DKK | Danish krone | 7,4473 |
| GBP | Pound sterling | 0,86810 |
| SEK | Swedish krona | 9,1684 |
| CHF | Swiss franc | 1,2061 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,7410 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,630 |
| HUF | Hungarian forint | 290,41 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 4,3645 |
| RON | Romanian leu | 4,2875 |
| TRY | Turkish lira | 2,4537 |
| AUD | Australian dollar | 1,3326 |
| CAD | Canadian dollar | 1,3423 |
| HKD | Hong Kong dollar | 10,6328 |
| NZD | New Zealand dollar | 1,6581 |
| SGD | Singapore dollar | 1,7185 |
| KRW | South Korean won | 1 555,51 |
| ZAR | South African rand | 10,3940 |
| CNY | Chinese yuan renminbi | 8,7125 |
| HRK | Croatian kuna | 7,5220 |
| IDR | Indonesian rupiah | 12 222,38 |
| MYR | Malaysian ringgit | 4,2608 |
| PHP | Philippine peso | 59,526 |
| RUB | Russian rouble | 42,2474 |
| THB | Thai baht | 41,615 |
| BRL | Brazilian real | 2,3916 |
| MXN | Mexican peso | 17,9761 |
| INR | Indian rupee | 65,2210 |

Currency

Exchange rate

USD

US dollar

1,3641

JPY

Japanese yen

104,62

DKK

Danish krone

7,4473

GBP

Pound sterling

0,86810

SEK

Swedish krona

9,1684

CHF

Swiss franc

1,2061

ISK

Iceland króna

NOK

Norwegian krone

7,7410

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,630

HUF

Hungarian forint

290,41

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

4,3645

RON

Romanian leu

4,2875

TRY

Turkish lira

2,4537

AUD

Australian dollar

1,3326

CAD

Canadian dollar

1,3423

HKD

Hong Kong dollar

10,6328

NZD

New Zealand dollar

1,6581

SGD

Singapore dollar

1,7185

KRW

South Korean won

1 555,51

ZAR

South African rand

10,3940

CNY

Chinese yuan renminbi

8,7125

HRK

Croatian kuna

7,5220

IDR

Indonesian rupiah

12 222,38

MYR

Malaysian ringgit

4,2608

PHP

Philippine peso

59,526

RUB

Russian rouble

42,2474

THB

Thai baht

41,615

BRL

Brazilian real

2,3916

MXN

Mexican peso

17,9761

INR

Indian rupee

65,2210

---

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

---

NOTICES FROM MEMBER STATES

| 20.9.2011 | EN | Official Journal of the European Union | C 275/6 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/6

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2011/C 275/09

Aid No: SA.31968 (10/XA)

Member State: Netherlands

Region: Nederland

Title of aid scheme or name of company receiving an individual aid: Investeringen op het terrein van energiebesparing (onderdeel van Regeling LNV-subsidies)

Legal basis: Kaderwet LNV-subsidies: artikel 2, 4 en 7

Regeling LNV-subsidies: artikelen 1:16, vierde lid, 2:1a, 2:2, 2:37, 2:40, vierde lid, 2:41, onderdeel d

Regeling LNV-subsidies: Bijlage 2. „Bijlage bij de artikelen 2:37, eerste lid, 2:38 en 2:40, vierde lid”; Hoofdstuk 1. Investeringen op het terrein van energiebesparing

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 10 million

Maximum aid intensity: 40 %

Date of implementation: —

Duration of scheme or individual aid award: 1 January 2011-31 December 2011

Objective of aid: Investment in agricultural holdings (Article 4 of Regulation (EC) No 1857/2006)

Sector(s) concerned: All economic sectors eligible to receive aid

Name and address of the granting authority:

| Staatssecretaris van Economische Zaken, Landbouw en Innovatie |
| --- |
| Postbus 20401 |
| 2500 EK Den Haag |
| NEDERLAND |

Staatssecretaris van Economische Zaken, Landbouw en Innovatie

Postbus 20401

2500 EK Den Haag

NEDERLAND

Website: http://wetten.overheid.nl/zoeken/

Other information: —

Aid No: SA.33415 (11/XA)

Member State: Italy

Region: Novara

Title of aid scheme or name of company receiving an individual aid: Bando di contributo

Interventi per l’innovazione e l’ammodernamento delle imprese

B) PMI agricole attive nel settore della produzione primaria di prodotti agricoli

Legal basis: Deliberazione Giunta Camerale G/12 del 1o marzo 2010

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,06 million

Maximum aid intensity: 20 %

Date of implementation: —

Duration of scheme or individual aid award: 13 September 2011-31 December 2016

Objective of aid: Investment in agricultural holdings (Article 4 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Agriculture, forestry and fishing

Name and address of the granting authority:

| Camera di Commercio di Novara |
| --- |
| Via Avogadro 4 |
| 28100 Novara NO |
| ITALIA |

Camera di Commercio di Novara

Via Avogadro 4

28100 Novara NO

ITALIA

Website: http://www.no.camcom.gov.it/contributi

Other information: —

Aid No: SA.33564 (11/XA)

Member State: Lithuania

Region: Lithuania

Title of aid scheme or name of company receiving an individual aid: Paramos teikimas už šalutinių gyvūninių produktų, neskirtų vartoti žmonėms, pašalinimą ir sunaikinimą (schemos Nr. XA 177/10 pakeitimas)

Legal basis: Lietuvos Respublikos žemės ūkio ministro 2011 m. rugpjūčio 25 d. įsakymas Nr. 3D-653 „Dėl žemės ūkio ministro 2007 m. balandžio 13 d. įsakymo Nr. 3D-162 „Dėl paramos teikimo už šalutinių gyvūninių produktų, neskirtų vartoti žmonėms, pašalinimą ir sunaikinimą taisyklių patvirtinimo ir žemės ūkio ministro 2006 m. gegužės 26 d. įsakymo Nr. 3D-217 bei žemės ūkio ministro 2006 m. spalio 3 d. įsakymo Nr. 3d-385 pripažinimo netekusiais galios“ pakeitimo“.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: LTL 7 million

Maximum aid intensity: 100 %

Date of implementation: —

Duration of scheme or individual aid award: 16 September 2011-31 December 2013

Objective of aid: Livestock sector (Article 16 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Agriculture, forestry and fishing

Name and address of the granting authority:

| Lietuvos Respublikos žemės ūkio ministerija |
| --- |
| Gedimino pr. 19 |
| LT-01103 Vilnius |
| LIETUVA/LITHUANIA |

Lietuvos Respublikos žemės ūkio ministerija

Gedimino pr. 19

LT-01103 Vilnius

LIETUVA/LITHUANIA

Website: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=405213&p_query=&p_tr2=

Other information: —

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 20.9.2011 | EN | Official Journal of the European Union | C 275/8 |
| --- | --- | --- | --- |

20.9.2011

EN

Official Journal of the European Union

C 275/8

---

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/C-3/39.692/IBM — Maintenance services

(Text with EEA relevance)

2011/C 275/10

1.   INTRODUCTION

| (1) | According to Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission. |
| --- | --- |

(1)

According to Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the undertakings concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

| (2) | On 1 August 2011, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 concerning alleged infringements of International Business Machines Corporation (‘IBM’) on the maintenance markets for IBM mainframes. |
| --- | --- |

(2)

On 1 August 2011, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 concerning alleged infringements of International Business Machines Corporation (‘IBM’) on the maintenance markets for IBM mainframes.

| (3) | According to the preliminary assessment, IBM may hold a dominant position on the market for certain inputs necessarily required for the maintenance of IBM mainframe hardware and software. The preliminary assessment expressed the concern that IBM may have abused its dominant position in breach of Article 102 of the TFEU and Article 54 of the EEA Agreement by imposing unreasonable supply conditions for these inputs on its competitors in the maintenance market. Those competitors are existing customers of IBM. The Commission's preliminary assessment is that IBM's practices may amount to a constructive refusal to supply of these inputs. |
| --- | --- |

(3)

According to the preliminary assessment, IBM may hold a dominant position on the market for certain inputs necessarily required for the maintenance of IBM mainframe hardware and software. The preliminary assessment expressed the concern that IBM may have abused its dominant position in breach of Article 102 of the TFEU and Article 54 of the EEA Agreement by imposing unreasonable supply conditions for these inputs on its competitors in the maintenance market. Those competitors are existing customers of IBM. The Commission's preliminary assessment is that IBM's practices may amount to a constructive refusal to supply of these inputs.

| (4) | The preliminary assessment does not seek to examine the possible market for the supply of multi-vendor maintenance services to customers owning various different server platforms, including IBM mainframes and, in particular, does not purport to assess the competitive situation between IBM and other server manufacturers in the supply of maintenance services to customers with different server platforms. |
| --- | --- |

(4)

The preliminary assessment does not seek to examine the possible market for the supply of multi-vendor maintenance services to customers owning various different server platforms, including IBM mainframes and, in particular, does not purport to assess the competitive situation between IBM and other server manufacturers in the supply of maintenance services to customers with different server platforms.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

| (5) | IBM does not agree with the Commission’s preliminary assessment. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission’s competition concerns. The key elements of the commitments can be summarised as follows: |
| --- | --- |

(5)

IBM does not agree with the Commission’s preliminary assessment. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission’s competition concerns. The key elements of the commitments can be summarised as follows:

| (6) | IBM commits to ensure the expeditious availability of certain spare parts and technical information to third party maintainers (TPMs) under reasonable and non-discriminatory terms and conditions. To this end, IBM commits to enter into a framework contract with any TPM interested in providing maintenance services for IBM System z servers in the European Economic Area (EEA). |
| --- | --- |

(6)

IBM commits to ensure the expeditious availability of certain spare parts and technical information to third party maintainers (TPMs) under reasonable and non-discriminatory terms and conditions. To this end, IBM commits to enter into a framework contract with any TPM interested in providing maintenance services for IBM System z servers in the European Economic Area (EEA).

| (7) | The framework contract shall be based on reasonable terms and conditions and contain, inter alia, an obligation on IBM to: (i) supply TPMs in an expeditious manner with critical parts without any obligation on TPMs to return the defective part; (ii) maintain the same prices for critical parts to TPMs as IBM offers to self-maintainers, for present and future mainframes models; (iii) make technical information (including machine code updates) available to TPMs in an expeditious manner. |
| --- | --- |

(7)

The framework contract shall be based on reasonable terms and conditions and contain, inter alia, an obligation on IBM to: (i) supply TPMs in an expeditious manner with critical parts without any obligation on TPMs to return the defective part; (ii) maintain the same prices for critical parts to TPMs as IBM offers to self-maintainers, for present and future mainframes models; (iii) make technical information (including machine code updates) available to TPMs in an expeditious manner.

| (8) | The framework contract shall also include the possibility for TPMs to enforce IBM's obligations in the event of any dispute relating to the agreement. The framework contract will provide for specific performance and contractual penalties in case of IBM's late delivery of critical spare parts and technical information. |
| --- | --- |

(8)

The framework contract shall also include the possibility for TPMs to enforce IBM's obligations in the event of any dispute relating to the agreement. The framework contract will provide for specific performance and contractual penalties in case of IBM's late delivery of critical spare parts and technical information.

| (9) | In order to facilitate dealings with TPMs, IBM will create the position of an EU-wide TPM relationship manager. |
| --- | --- |

(9)

In order to facilitate dealings with TPMs, IBM will create the position of an EU-wide TPM relationship manager.

| (10) | The commitments apply to all IBM System z machine models and types that have not been withdrawn from service by IBM and will have five years duration, starting from the date of adoption of the Commission's decision pursuant to Article 9 of the Regulation (EC) No 1/2003. IBM commits to submit to the Commission a yearly report on the implementation of the commitments. |
| --- | --- |

(10)

The commitments apply to all IBM System z machine models and types that have not been withdrawn from service by IBM and will have five years duration, starting from the date of adoption of the Commission's decision pursuant to Article 9 of the Regulation (EC) No 1/2003. IBM commits to submit to the Commission a yearly report on the implementation of the commitments.

| (11) | The commitments are published in full in English on the website of the Directorate-General for Competition at: http://ec.europa.eu/competition/index_en.html |
| --- | --- |

(11)

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

4.   INVITATION TO MAKE COMMENTS

| (12) | The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding. If there are substantial changes to the commitments, a new market test will be launched. |
| --- | --- |

(12)

The Commission intends, subject to market testing, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding. If there are substantial changes to the commitments, a new market test will be launched.

| (13) | In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. Comments should, as far as possible, be substantiated with detailed reasoning, containing the necessary facts on which comments are based and, if a problem is identified, a proposal for a solution of the identified problem. |
| --- | --- |

(13)

In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. Comments should, as far as possible, be substantiated with detailed reasoning, containing the necessary facts on which comments are based and, if a problem is identified, a proposal for a solution of the identified problem.

| (14) | All observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which commercial secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words ‘commercial secrets’ or ‘confidential’. Legitimated requests will be respected. |
| --- | --- |

(14)

All observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which commercial secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words ‘commercial secrets’ or ‘confidential’. Legitimated requests will be respected.

| (15) | Observations can be sent to the Commission under reference number COMP/C-3/39.692/IBM — Maintenance services, either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:





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

(15)

Observations can be sent to the Commission under reference number COMP/C-3/39.692/IBM — Maintenance services, either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ C 115, 9.5.2008, p. 47.

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