# Official Journal C 404/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 404 |
| | |
| English edition | Information and Notices | Volume 6029 November 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 404

English edition

Information and Notices

Volume 6029 November 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2017/C 404/01 | Council Decision of 27 November 2017 adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2017 | 1 |
| | European Commission |
| 2017/C 404/02 | Euro exchange rates | 2 |
| 2017/C 404/03 | Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 4 April 2016 concerning a draft decision relating to Case AT.39914 — Euro Interest Rate Derivatives — Rapporteur: France | 3 |
| 2017/C 404/04 | Final Report of the Hearing Officer — Case AT.39914 — Euro Interest Rate Derivatives (EIRD) (Settlement) — Amendment of fine imposed on Société Générale | 4 |
| 2017/C 404/05 | Summary of Commission Decision of 6 April 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39914 — Euro Interest Rate Derivatives) (notified under document number C(2016) 1995) | 5 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2017/C 404/01

Council Decision of 27 November 2017 adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2017

1

European Commission

2017/C 404/02

Euro exchange rates

2

2017/C 404/03

Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 4 April 2016 concerning a draft decision relating to Case AT.39914 — Euro Interest Rate Derivatives — Rapporteur: France

3

2017/C 404/04

Final Report of the Hearing Officer — Case AT.39914 — Euro Interest Rate Derivatives (EIRD) (Settlement) — Amendment of fine imposed on Société Générale

4

2017/C 404/05

Summary of Commission Decision of 6 April 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39914 — Euro Interest Rate Derivatives) (notified under document number C(2016) 1995)

(notified under document number C(2016) 1995)

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 404/06 | Prior notification of a concentration (Case M.8680 — Bain Capital/Toshiba Memory Corporation) — Candidate case for simplified procedure (
  1
  ) | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 404/06

Prior notification of a concentration (Case M.8680 — Bain Capital/Toshiba Memory Corporation) — Candidate case for simplified procedure (
  1
  )

1

7

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

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(1)   Text with EEA relevance.

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 29.11.2017 | EN | Official Journal of the European Union | C 404/1 |
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29.11.2017

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Official Journal of the European Union

C 404/1

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COUNCIL DECISION

of 27 November 2017

adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2017

(2017/C 404/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:

| — | the Union’s budget for the financial year 2017 was definitively adopted on 1 December 2016 (2), |
| --- | --- |

—

the Union’s budget for the financial year 2017 was definitively adopted on 1 December 2016 (2),

| — | on 9 October 2017, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2017, |
| --- | --- |

—

on 9 October 2017, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2017,

| — | for needs related to national Treasury management, draft amending budget No 6 to the general budget for 2017 needs to be adopted without delay. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council’s Rules of Procedure, the 8-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1, |
| --- | --- |

—

for needs related to national Treasury management, draft amending budget No 6 to the general budget for 2017 needs to be adopted without delay. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council’s Rules of Procedure, the 8-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council’s position on draft amending budget No 6 of the European Union for the financial year 2017 was adopted on 27 November 2017.

The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, on 27 November 2017.

For the Council

The President

M. MAASIKAS

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(1)  OJ L 298, 26.10.2012, p. 1.

1

(2)  OJ L 51, 28.2.2017, p. 1.

2

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European Commission

| 29.11.2017 | EN | Official Journal of the European Union | C 404/2 |
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Official Journal of the European Union

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Euro exchange rates (1)

28 November 2017

(2017/C 404/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1888 |
| JPY | Japanese yen | 132,24 |
| DKK | Danish krone | 7,4423 |
| GBP | Pound sterling | 0,89538 |
| SEK | Swedish krona | 9,9060 |
| CHF | Swiss franc | 1,1680 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,7450 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,463 |
| HUF | Hungarian forint | 310,99 |
| PLN | Polish zloty | 4,2069 |
| RON | Romanian leu | 4,6413 |
| TRY | Turkish lira | 4,6684 |
| AUD | Australian dollar | 1,5619 |
| CAD | Canadian dollar | 1,5208 |
| HKD | Hong Kong dollar | 9,2745 |
| NZD | New Zealand dollar | 1,7157 |
| SGD | Singapore dollar | 1,5983 |
| KRW | South Korean won | 1 284,43 |
| ZAR | South African rand | 16,3342 |
| CNY | Chinese yuan renminbi | 7,8431 |
| HRK | Croatian kuna | 7,5435 |
| IDR | Indonesian rupiah | 16 053,39 |
| MYR | Malaysian ringgit | 4,8786 |
| PHP | Philippine peso | 59,813 |
| RUB | Russian rouble | 69,2929 |
| THB | Thai baht | 38,719 |
| BRL | Brazilian real | 3,8287 |
| MXN | Mexican peso | 22,0370 |
| INR | Indian rupee | 76,5795 |

Currency

Exchange rate

USD

US dollar

1,1888

JPY

Japanese yen

132,24

DKK

Danish krone

7,4423

GBP

Pound sterling

0,89538

SEK

Swedish krona

9,9060

CHF

Swiss franc

1,1680

ISK

Iceland króna

NOK

Norwegian krone

9,7450

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,463

HUF

Hungarian forint

310,99

PLN

Polish zloty

4,2069

RON

Romanian leu

4,6413

TRY

Turkish lira

4,6684

AUD

Australian dollar

1,5619

CAD

Canadian dollar

1,5208

HKD

Hong Kong dollar

9,2745

NZD

New Zealand dollar

1,7157

SGD

Singapore dollar

1,5983

KRW

South Korean won

1 284,43

ZAR

South African rand

16,3342

CNY

Chinese yuan renminbi

7,8431

HRK

Croatian kuna

7,5435

IDR

Indonesian rupiah

16 053,39

MYR

Malaysian ringgit

4,8786

PHP

Philippine peso

59,813

RUB

Russian rouble

69,2929

THB

Thai baht

38,719

BRL

Brazilian real

3,8287

MXN

Mexican peso

22,0370

INR

Indian rupee

76,5795

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

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| 29.11.2017 | EN | Official Journal of the European Union | C 404/3 |
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29.11.2017

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Official Journal of the European Union

C 404/3

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Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 4 April 2016 concerning a draft decision relating to Case AT.39914 — Euro Interest Rate Derivatives

Rapporteur: France

(2017/C 404/03)

| 1. | The Advisory Committee agrees that the values of sales and the fine should be amended for the addressee. |
| --- | --- |

1.

The Advisory Committee agrees that the values of sales and the fine should be amended for the addressee.

| 2. | The Advisory Committee agrees with the Commission on the basic amount of the fine |
| --- | --- |

2.

The Advisory Committee agrees with the Commission on the basic amount of the fine

| 3. | The Advisory Committee agrees with the Commission on the final amount of the fine. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission on the final amount of the fine.

| 4. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

4.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

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| 29.11.2017 | EN | Official Journal of the European Union | C 404/4 |
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29.11.2017

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Official Journal of the European Union

C 404/4

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Final Report of the Hearing Officer (1)

Case AT.39914 — Euro Interest Rate Derivatives (EIRD) (Settlement)

Amendment of fine imposed on Société Générale

(2017/C 404/04)

Case AT.39914 concerns conduct related to derivatives denominated in euro and linked to certain interest rates (the Euro Interbank Offered Rate and/or the Euro Over-Night Index Average). In the context of this case, the Commission adopted Decision C(2013) 8512 final of 4 December 2013 (the ‘Settlement Decision’) pursuant to Article 10a of Commission Regulation (EC) No 773/2004 (2), as amended (3). The Settlement Decision found that certain undertakings (4), among them Société Générale, participated in an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement. It imposed a fine on Société Générale.

On 4 February 2016, Société Générale provided an amended response to a request by the Commission for information concerning Société Générale’s value of sales.

After verifying this amended response, the Commission, by letter dated 4 March 2016, gave Société Générale the opportunity of making known its views regarding the intention of the Commission services to propose a decision to the College of Commissioners that would, in order to reflect the corrected information provided by Société Générale, amend the fine originally imposed on it. Société Générale stated on 8 March 2016 that it had no comment on the proposed amendment of the Settlement Decision.

The draft decision does not modify the objections underlying the Settlement Decision. It deals only with fining matters, on which Société Générale has been given the opportunity to make known its views. I consider that the effective exercise of procedural rights has thus far been respected in the procedure relating to the draft decision.

Brussels, 4 April 2016.

Joos STRAGIER

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

1

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

2

(3)  In particular by Commission Regulation (EC) No 622/2008 of 30 June 2008 amending Regulation (EC) No 773/2004, as regards the conduct of settlement procedures in cartel cases (OJ L 171, 1.7.2008, p. 3).

3

(4)  Proceedings in Case AT.39914 are ongoing against certain other parties that did not opt for the settlement procedure set out in the abovementioned Article 10a.

4

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| 29.11.2017 | EN | Official Journal of the European Union | C 404/5 |
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29.11.2017

EN

Official Journal of the European Union

C 404/5

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Summary of Commission Decision

of 6 April 2016

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

(Case AT.39914 — Euro Interest Rate Derivatives)

(notified under document number C(2016) 1995)

(only the English text is authentic)

(2017/C 404/05)

On 6 April 2016, the Commission adopted a decision amending Decision C(2013) 8512 final of 4 December 2013 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (the ‘Treaty’) and Article 53 of the Agreement creating the European Economic Area (the ‘EEA Agreement’) to the extent that it concerns Société Générale. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   Introduction

| (1) | The Decision is addressed to one legal entity: Société Générale. |
| --- | --- |

(1)

The Decision is addressed to one legal entity: Société Générale.

2.   Case description

2.1.   Procedure

| (2) | Decision C(2013) 8512 final imposed a fine of EUR 445 884 000 on Société Générale, on the finding that it had infringed Article 101 of the Treaty and Article 53 of the EEA Agreement by participating in a single and continuous infringement regarding Euro Interest Rate Derivatives covering the entire EEA. |
| --- | --- |

(2)

Decision C(2013) 8512 final imposed a fine of EUR 445 884 000 on Société Générale, on the finding that it had infringed Article 101 of the Treaty and Article 53 of the EEA Agreement by participating in a single and continuous infringement regarding Euro Interest Rate Derivatives covering the entire EEA.

| (3) | On 4 February 2016, Société Générale submitted an amended reply to the Commission’s request for information on the values of sales. |
| --- | --- |

(3)

On 4 February 2016, Société Générale submitted an amended reply to the Commission’s request for information on the values of sales.

| (4) | By a letter dated 4 March 2016, the Commission informed Société Générale that it intended to adopt a decision amending Decision C(2013) 8512 final, based on the corrected value of sales. Société Générale stated that it had no comments. |
| --- | --- |

(4)

By a letter dated 4 March 2016, the Commission informed Société Générale that it intended to adopt a decision amending Decision C(2013) 8512 final, based on the corrected value of sales. Société Générale stated that it had no comments.

| (5) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 4 April 2016 and the Commission adopted the Decision on 6 April 2016. |
| --- | --- |

(5)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 4 April 2016 and the Commission adopted the Decision on 6 April 2016.

2.2.   Summary of the Decision

| (6) | The fine on Société Générale and the method of setting it are in line with what was applied for the other addressees of Decision C(2013) 8512 final except the values of sales which now reflect the corrected values of sales for Société Générale. |
| --- | --- |

(6)

The fine on Société Générale and the method of setting it are in line with what was applied for the other addressees of Decision C(2013) 8512 final except the values of sales which now reflect the corrected values of sales for Société Générale.

| (7) | With respect to the interest that has accrued to the Commission since the provisional payment made by Société Générale on 6 March 2014, the Commission considers it reasonable that the interest on the amount of the reduction of the fine imposed on Société Générale shall also be paid to Société Générale, to the extent that the interest is more than zero. |
| --- | --- |

(7)

With respect to the interest that has accrued to the Commission since the provisional payment made by Société Générale on 6 March 2014, the Commission considers it reasonable that the interest on the amount of the reduction of the fine imposed on Société Générale shall also be paid to Société Générale, to the extent that the interest is more than zero.

3.   Conclusion

| (8) | In Article 2 of Decision C(2013) 8512 final, point (c) of the first paragraph of that Article is replaced by the following:
  ‘(c) Société Générale: EUR 227 718 000;’. |
| --- | --- |

(8)

In Article 2 of Decision C(2013) 8512 final, point (c) of the first paragraph of that Article is replaced by the following:

‘(c) Société Générale: EUR 227 718 000;’.

| (9) | The interest on the EUR 218 166 000 amount of the reduction, which has accrued to the Commission since the provisional payment made by Société Générale on 6 March 2014, shall be paid to Société Générale, to the extent that the interest is more than zero. |
| --- | --- |

(9)

The interest on the EUR 218 166 000 amount of the reduction, which has accrued to the Commission since the provisional payment made by Société Générale on 6 March 2014, shall be paid to Société Générale, to the extent that the interest is more than zero.

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(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1). With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the Treaty on the Functioning of the European Union.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 29.11.2017 | EN | Official Journal of the European Union | C 404/7 |
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29.11.2017

EN

Official Journal of the European Union

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Prior notification of a concentration

(Case M.8680 — Bain Capital/Toshiba Memory Corporation)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 404/06)

| 1. | On 22 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Bain Capital (United States), |
| --- | --- | --- |

1.

On 22 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—

Bain Capital (United States),

| — | Toshiba Memory Corporation (‘TMC’, Japan). |
| --- | --- |

—

Toshiba Memory Corporation (‘TMC’, Japan).

Bain Capital acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of TMC.

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Bain Capital: investment firm with activities in a variety of industries,
  —   for TMC: global manufacturer and supplier of NAND flash memory products and solid-state-drive (‘SSD’) memory products for use in a variety of consumer and enterprise applications. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Bain Capital: investment firm with activities in a variety of industries,

—   for TMC: global manufacturer and supplier of NAND flash memory products and solid-state-drive (‘SSD’) memory products for use in a variety of consumer and enterprise applications.

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

3.

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

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
  M.8680 — Bain Capital/Toshiba Memory Corporation
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





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

4.

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

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

M.8680 — Bain Capital/Toshiba Memory Corporation

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

E-mail: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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