ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Prior notification of a concentration

(Case M.10815 – DEUTSCHE TELEKOM / ORANGE / TELEFONICA / VODAFONE / JV)

(Text with EEA relevance)

(2023/C 12/08)

1. On 6 January 2023, 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: — Deutsche Telekom AG (‘Deutsche Telekom’, Germany), — Orange SA (‘Orange’, France), — Telefónica S.A. (‘Telefónica’, Spain), — Vodafone Group plc (‘Vodafone’, UK). Deutsche Telekom, Orange, Telefónica and Vodafone will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a new joint venture. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — Deutsche Telekom is a multinational telecommunications operator with activities in more than 50 countries worldwide providing mobile and/or fixed telecommunications services as well as internet access, television and technology products, — Orange is a multinational telecommunications operator with activities in 27 countries worldwide providing a wide range of electronic communications services mainly in the area of fixed and mobile telecommunications and internet access as well as telecommunications services to multinational companies, — Telefónica is a multinational telecommunications operator and mobile network provider with activities mainly in Europe, the United Kingdom and South America providing mobile, fixed, internet and television services, — Vodafone is a multinational telecommunications operator with activities in 21 countries predominantly in Europe and Africa providing mobile telecommunication services, fixed telephony services and retail television and technology services.

3. The JV will be active in the provision of a digital identification solution to support the digital marketing and advertising activities of brands and publishers.

4. 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.

5. 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.10815 – DEUTSCHE TELEKOM / ORANGE / TELEFONICA / VODAFONE / JV 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

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Prior notification of a concentration

(Case M.10825 – DAVITA / MEDTRONIC / MEDTRONIC RENAL CARE SOLUTIONS)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 39/10)

1. On 16 January 2023, 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: — DaVita Inc. (‘DaVita’, U.S.), — Medtronic, Inc. (‘Medtronic’, U.S.), controlled by Medtronic plc., — Medtronic’s Renal Care Solutions Business (‘RCS business’, U.S.), controlled by Medtronic. DaVita and Medtronic will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the RCS business. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — DaVita provides kidney dialysis services through a network of outpatient dialysis centres, — Medtronic is a global healthcare technology company dedicated to searching out and finding solutions to the most challenging human health problems, — The RCS business is active in the research, development, manufacture, license, commercialisation and distribution and sale of renal care products and other medical devices used in the treatment of patients with end-stage renal disease (including dialysis machines, related items used in connection with dialysis treatments, catheters and other devices used in connection with the creation or maintenance of vascular access).

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 5 days following the date of this publication. The following reference should always be specified: M.10825 – DAVITA / MEDTRONIC / MEDTRONIC RENAL CARE SOLUTIONS 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

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

(2) OJ C 366, 14.12.2013, p. 5.
Non-opposition to a notified concentration

(Case M.10905 – IRISH LIFE WELLBEING / CENTRIC HEALTH PRIMARY CARE / CAREPATH CONNECT)

(Text with EEA relevance)

(2023/C 30/05)

On 9 December 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10905. EUR-Lex is the online point of access to European Union law.

(1) OJ L 24, 29.1.2004, p. 1.
Opinion of the Advisory Committee on restrictive practices and dominant positions at the meeting on 23 January 2020 concerning a draft decision in Case AT.40433 – Film merchandise

Rapporteur: Greece

(2020/C 133/06)

l. The Advisory Committee (8 Member States) agrees with the Commission that the conduct covered by the draft decision constitutes an infringement of Article 101 TFEU and Article 53 of the EEA Agreement.

2. The Advisory Committee (8 Member States) agrees with the Commission’s assessment in the draft decision as regards the duration of the infringement.

3. The Advisory Committee (8 Member States) agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

4. The Advisory Committee (8 Member States) agrees with the Commission on the final amount of the fine, including its reduction based on point 37 of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.
Final Report of the Hearing Officer (1)

Case AT.40335 – Romanian gas interconnectors

(2021/C 16/03)

(1) The draft decision under Article 9(1) of Council Regulation (EC) No 1/2003 (2) is addressed to Societatea Naţională de Transport Gaze Naturale Transgaz S.A. (‘Transgaz’). It concerns allegations of anti-competitive behaviour under Article 102 TFEU consisting in the hindering by Transgaz of natural gas exports from Romania to other Member States.

(2) On 30 May 2017, the Commission initiated proceedings with a view to adopting a decision under Chapter III of Regulation 1/2003.

(3) On 10 September 2018, the Commission adopted and notified to Transgaz pursuant to Article 9(1) of Regulation 1/2003 a preliminary assessment which set out competition concerns under Article 102 TFEU (‘Preliminary Assessment’).

(4) On 14 September 2018, Transgaz submitted proposed commitments (‘Initial Commitments’) to the Commission in response to the Preliminary Assessment.

(5) On 25 September 2018, a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation 1/2003 (‘Market Test Notice’), summarising the case and the Initial Commitments and inviting interested third parties to give their observations on the Initial Commitments within one month.

(6) Eleven respondents provided the Commission with their observations on the Initial Commitments, of which Transgaz was informed on 7 November 2018.

(7) On 31 January 2020, Transgaz submitted an amended proposal for commitments (“Final Commitments”).

(8) The draft decision makes the Final Commitments binding upon Transgaz until 31 December 2026 and concludes that there are no longer grounds for action in this case.

(9) I have not received any request or complaint with respect to this case.

(10) In the light of all the above, I consider that the effective exercise of procedural rights has been respected.

Brussels, 19 February 2020. 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’).

(2) 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) (‘Regulation 1/2003’).
(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; — 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 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.
Official Journal of the European Union

Corrigendum to State aid – Spain – State aid SA.36228 (2020/C) (ex 2015/NN-2) – Alleged State aid to Fred Olsen at Puerto de las Nieves – Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union

( Official Journal of the European Union C 135 of 25 March 2022 )

(2022/C 155/03)

On the cover and on page 20, the title:

for: ‘State Aid — Spain — State aid SA.36228 (2020/C) (ex 2015/NN-2) — Alleged State aid to Fred Olsen at Puerto de las Nieves — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union’,
No C 16/2 Official  Journal  of the  European  Communities 20. 1. 78 
Modifications  to the  'Lists  published  in application  of Article  16  of Commission 
Regulation  (EEC)  No  193/75  of 17 January  1975  on  common  detailed  rules  for  the 
application  of the  system  of import  and  export  licences  and  advanced  fixing  certificates 
for agricultural  products' 
(OJ No  C 48 of 25 February  1977,  p. 2, as amended  by  OJ  No  C 143  of 17 June  1977, 
p. 2) 
In the  Lists  1, 2 and  4 the  part  concerning  Ireland  is replaced  by the  following: 
LIST  1 
Agency Responsibility 
E. Ireland 
1. Department  of Agriculture, 
Dublin  2 All licences  and  certificates  other  than  introduced  by 
Article  8 of Regulation  (EEC)  No 816/70  (Wine) 
2. Department  of Industry, 
Commerce  and  Energy, 
Dublin  2 Licences  introduced  by Article  8 of Regulation  (EEC) 
No 816/70  (Wine) 
LIST  2 
Agency Responsibility 
E, Ireland 
Department  of Agriculture, 
Dublin  2 All licences  and  certificates 
LIST  4 
I. COLLECTION  OF  LEVIES 
Agency Responsibility 
E. Ireland 
1. Irish  Customs  Service 
2. Department  of Agriculture, 
Dublin  2 
3. Department  of Industry, 
Commerce  and  Energy, 
Dublin  2 All levies  for import 
All levies  for export  other  than  those  in respect  of certain 
products  not covered  by Annex  II to the Treaty 
Levies  for  export  in respect  of certain  products  not 
covered  by Annex  II to the Treaty 
20. 1. 78 Official  Journal  of the  European  Communities No C 16/3 
II. PAYMENT  OF  REFUNDS 
Agency Responsibility 
E. Ireland 
1. Department  of Agriculture, 
Dublin  2 All refunds  other  than  those  provided  for  by Regulation 
(EEC)  No 816/70  (Wine) 
2. Department  of Industry, 
Dublin  2 Refunds  provided  for  by Regulation  (EEC)  No  816/70 
(Wine)
11.2.81 Official Journal of the European Communities No C 30/7 
III 
(Notices) 
COMMISSION 
Amendment to the list published for the application of Article 4 of Commission Reg­
ulation (EEC) No 1153/75 of 30 April 1975 setting out the accompanying documents and 
relating to the obligations of producers and merchants, with the exception of retailers, in 
the wine sector 
(Official Journal of the Europeen Communities No C 1 of 1 January 1981) 
Page 5, under H. Luxembourg 
for: Station viticole de l'Etat, Remich, 
Grand Duchy of Luxembourg, 
read: Institut viti-vinicole, Remich, 
Grand Duchy of Luxembourg. 
Amendment to the list of agencies and laboratories which third countries have made 
responsible for completing the documents which must accompany each consignment of 
wine imported into the Community (published under Article 4 (3) of Commission Reg­
ulation (EEC) No 2115/76 of 20 August 1976 laying down general rules for the import 
of wines, grape juice and grape must) 
(Official Journal of the European Communities No C 1 of 1 January 1981) 
Page 12, against Malta, second and third column: 
for: Department of Industry, Malta 
read in the second column: Department of Agriculture and Fisheries, Malta, 
and in the third column: The Standards Laboratory, Department of Industry, 
New University, Malta.
10.11.83 OfficialJournaloftheEuropeanCommunities NoL309/33
EntryintoforceoftheASORAgreement
FurthertothedepositbySwedenofthefifthinstrumentofratificationoftheAgreement
ontheInternationalCarriageofPassangersbyRoadbymeansofOccasionalCoachand
BusServices(ASOR)('),thisAgreementwillenterintoforceon1December1983.
(•)OJNoL230,5.8.1982,p.39.
*****

COMMISSION COMMUNICATION

Differential amounts for peas, field beans and sweet lupins

The Commission hereby announces its intention to adopt transitional measures for the application of the differential amounts arrangements in respect of beas, field beans and sweet lupins introduced by Council Regulation (EEC) No 1958/87 as from 1 October 1987.

Under these transitional measures, the differential amounts would not apply to aids fixed in advance before 1 August 1987 in respect of quantities identified as from 1 October 1987.
Corrigendum to the first update of the information communicated by Member States pursuant to Article 23 of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters

(Official Journal of the European Communities C 202 of 18 July 2001)

(2001/C 282/10)

On page 14, point 6 "Luxemburg":

for: "In Article 19(2), the words "after service" are replaced with "after delivery"."

read: "In Article 19(2), the words "has been given" are replaced with "has been delivered".".
Lifting of quotas on textiles and clothing imports from Ukraine

(2001/C 92/05)

The agreement on trade in textiles and clothing signed by the European Community and Ukraine on 19 December 2000 in Brussel(1), requires Ukraine to implement tariff reductions for European Union exports of textiles and clothing products. It has been established that these tariff reductions have been implemented with the adoption of Cabinet Decree No 170 of 23 February 2001.

In accordance with paragraph 3.3 of the agreement, the European Community will lift all quantitative restrictions (quotas) on imports of textile and clothing products from Ukraine from 26 March 2001. Surveillance (licensing without quotas) will be maintained until further notice for the following textile product categories (see Appendix 4 of the agreement): 2, 4, 5, 6, 7, 8, 12, 13, 15, 16, 21, 24, 26/27, 29, 83, 50, and 117.

The maximum tariff rates applicable to Community exports of textile and clothing products to Ukraine can be consulted in Appendices 6 and 7 of the agreement. Between 2001 and 2004 Ukraine will reduce its maximum tariff rates in parallel with the reduction schedule notified by the EU to the WTO. Under this schedule the maximum rates in 2004 will in general be the following: 4 % for yarns and fibres, 8 % for fabrics, 12 % for clothing and made-up textile products. For carpets the following rates will be implemented: 12 % in 2001, 10 % in 2002 and EU maximum rates (8 % in general) from 2003.

(1) Council Decision 2001/33/EC of 19 December 2000 authorising the signing and provisional application of the "Agreement in the form of an exchange of letters between the European Community and Ukraine concerning the extension and amendment of the agreement between the European Community and Ukraine on trade in textile products initialled on 5 May 1993, as last amended by the agreement in the form of an exchange of letters initialled on 15 October 1999" (OJ L 16, 18.1.2001).
Imposition of a public service obligation on scheduled air services between Reims and Clermont-Ferrand

(2001/C 72/04)

(Text with EEA relevance)

1. Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has decided to impose a public service obligation on scheduled air services between Reims and Clermont-Ferrand.

2. The new public service obligation is as follows:

Minimum frequency

The minimum level of service provided must be two return trips per day, morning and evening, from Monday to Friday, excluding public holidays, 220 days a year.

The services must be non-stop between Reims and Clermont-Ferrand.

Type of aircraft used

The service must be operated with a pressurised aircraft having a seating capacity of at least 12.

Timetables

Timetables must be such as to enable passengers on business trips during the working week to make the round trip within the day and to spend at least eight hours at their destination, whether Reims or Clermont-Ferrand.

Flight bookings

Seats on these flights must be marketed by at least one computerised booking system.

Continuity of service

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 3 % of the number of flights scheduled in any year.

The carrier must give at least six months' notice before discontinuing these services.

Community carriers are hereby informed that the operation of air services without regard to the abovementioned public service obligation may result in administrative and/or criminal penalties.
Commission notice on reference/discount rates applicable from 1 January 2001

(2001/C 66/03)

>TABLE>

These rates are fixed on the basis of the method for setting and updating the reference/discount rates published in Official Journal C 273, 9.9.1997, p. 3. Technical adaptations to this method were made by Commission notice published in Official Journal C 241, 26.8.1999, p. 9. Following the adoption of the euro by Greece on 1 January 2001, the reference rate for Greece is identical to that applied to the eleven Member States that had already adopted the euro.

Publication of these rates is required under Commission Regulations (EC) Nos 68/2001 (recital 9), 69/2001 (recital 6) and 70/2001 (recital 10) of 12 January 2001 (OJ L 10, 13.1.2001, pp. 20, 30 and 33) on the application of Articles 87 and 88 of the EC Treaty to training aid, de minimis aid and aid for small businesses.
Annotated presentation of regulated markets and national provisions implementing relevant requirements of the investment services directive (ISD) (Council Directive 93/22/EEC)(1)

(2001/C 120/03)

Article 16 of Directive 93/22/EEC on investment services in the securities field (ISD) authorises each Member State to confer the status of "regulated market" on those markets constituted on its territory and which comply with its regulations.

Article 1.13 of Directive 93/22/EEC defines a "regulated market" as a market for the financial instruments listed in section B of the annex to the ISD, which;

- is recognised as such by its home Member States (where home Member State is determined in accordance with Article 1(6)c of the ISD;

- functions regularly,

- is characterised by the fact that regulations issued or approved by the competent authorities define the conditions for the operation of the market, the conditions for access to the market and where Directive 79/279/EEC on admission to official listing is applicable, the conditions governing admission to listing imposed in that Directive and, where that Directive is not applicable, the conditions that must be satisfied by a financial instrument before it can effectively be dealt with on the market;

- complies with all the reporting and transparency requirements laid down pursuant to Articles 20 and 21 of the ISD.

Article 16 of Directive 93/22/EEC requires that each Member State maintain an updated list of regulated markets authorised by it. This information should be communicated to other Member States and the Commission. Under the same article, the Commission is required to publish a list of regulated markets notified to it on a yearly basis. The present list has been compiled pursuant to this requirement.

The following list indicates the title of the individual markets which are recognised by national competent authorities as complying with the definition of "regulated market". In addition, it indicates the entity responsible for managing these markets and the competent authority responsible for issuing or approving the rules of the market.

As a result of reduced entry barriers and specialisation in trading segments, the list of "regulated markets" is subject to greater turnover. Consequently, the European Commission will, in addition to yearly publication of a list in the Official Journal of the European Communities, maintain an updated version of this list on its official website

(http://europa.eu.int/comm/internal_market/en/finances/mobil/isdlist_nl.pdf).

This list will be updated regularly on the basis of information communicated by national authorities. The latter are called upon to continue to advise the Commission of any additions to or deletions from the list of regulated markets for which it is the home Member State.

>TABLE>

(1) OJ L 141, 11.6.1993, p. 27.