02002D0758(01) — EN — 25.09.2002 — 001.002

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►B COMMISSION DECISION of 10 October 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/36.264 — Mercedes-Benz) (notified under document number C (2001) 3028) (Only the German text is authentic) (Text with EEA relevance) ►C1 (2002/760/EC) ◄ (OJ L 257 25.9.2002, p. 1)





Corrected by:









▼B

COMMISSION DECISION

of 10 October 2001

relating to a proceeding under Article 81 of the EC Treaty

(Case COMP/36.264 — Mercedes-Benz)

(notified under document number C (2001) 3028)

(Only the German text is authentic)

(Text with EEA relevance)

►C1 (2002/760/EC) ◄







Article 1

DaimlerChrysler AG and its legal predecessors Daimler-Benz AG and Mercedes-Benz AG have themselves or through their subsidiaries Mercedes-Benz España SA and Mercedes-Benz Belgium SA/NV infringed Article 81(1) of the EC Treaty by taking the following measures to restrict parallel trade:

— as of 6 February 1996 all agents in Germany were instructed as far as possible to supply new vehicles supplied to them, and in particular those in the W 210 series, only to customers in their own contract territory and to avoid internal competition; these measures were in force until 10 June 1999,

— as of 12 September 1985 their agents in Germany were instructed to require a deposit of 15 % of the vehicle price for orders for new vehicles placed by Komm-Kunden; this measure has not yet been terminated,

— restricting, from 1 October 1996 until the present time, the supply of passenger cars to leasing companies for stock,

— participating in agreements to restrict the granting of discounts in Belgium, these agreements having been concluded on 20 April 1995 and terminated on 10 June 1999.

Article 2

DaimlerChrysler AG shall, immediately after this Decision is notified, bring to an end the infringements established in Article 1 to the extent that they are still continuing and shall not replace them with restrictions having the same object or effect; in particular, it shall at the latest within two months of notification of this Decision:

— withdraw circular No 52/85 of 12 September 1985 by sending a circular to the German agents and principal agents, in so far as it instructs them to require Komm-Kunde to pay a deposit of 15 % when ordering a passenger car,

— remove from the German agency agreements and the Spanish dealer agreements the rules prohibiting the sale of new vehicles to leasing companies for stock. It shall also inform its German agents by memo of the withdrawal of the memo of 6 August 1996.

Article 3

A fine of EUR 71,825 million is imposed on DaimlerChrysler AG in respect of the infringements referred to in Article 1.

Article 4

The fine determined in Article 3 shall be paid in euro within three months following the date of notification of this Decision into the following bank account of the Commission of the European Communities:

642-0029000-95 (Code IBAN: BE76 6420 0290 0095) Banco Bilbao Vizcaya Argentaria (BBVA) (SWIFT Code: BBVABEBB) Avenue des Arts/Kunstlaan 43 B-1040 Brussels

After expiry of that period, interest shall become payable. The rate applicable shall be that which the European Central Bank applies to its main refinancing operations. The interest shall be payable from the first working day of the month in which this Decision was adopted. A supplement of 3,5 percentage points shall be charged. In total, the interest rate shall be 7,26 %.

Article 5

In respect of the obligations laid down in Article 2, DaimlerChrysler AG shall be fined a penalty of EUR 1 000 for every day's delay in implementing this Decision. The delay shall be calculated from the expiry of the two month period laid down for implementation.

Article 6

This Decision is addressed to DaimlerChrysler AG, D-70546 Stuttgart.

This Decision shall be enforceable pursuant to Article 256 of the EC Treaty.