EN Official Journal of the European Union C 425/13

Final Report of the Hearing Officer (1)

Parking heaters

(AT.40055)

(2015/C 425/08)

On 24 July 2014, the European Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) against Webasto SE, Webasto Thermo & Comfort SE and Webasto Fahrzeugtechnik GmbH (collectively ‘Webasto’) and Eberspächer Gruppe GmbH & Co. KG, Eberspächer Climate Control Systems GmbH & Co. KG and Eberspächer GmbH (collectively ‘Eberspächer’) (together ‘the parties’).

Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004 (3), the European Commission adopted a Statement of Objections (‘SO’) on 6 May 2015 addressed to the parties, stating that the parties had participated in a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the Agreement on the European Economic Area.

According to the Commission's draft decision, the infringement consisted of the coordination of prices and the allocation of supplies of parking heaters in the European Economic Area from 13 September 2001 to 15 September 2011.

The parties' respective replies to the SO confirmed that the SO addressed to them reflected the contents of their settlement submissions.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views. I conclude that it does.

In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (4), I consider that the effective exercise of the procedural rights of all participants to the proceedings in this case has been respected.

Brussels, 15 June 2015. 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).

(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).

(3) 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), as last amended by Commission Regulation (EU) No 519/2013 (OJ L 158, 10.6.2013, p. 74) (‘Regulation (EC) No 773/2004’).

(4) Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C-167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).