Décision de la Commission du 15/12/1999 déclarant la compatibilité avec le marché commun d'une concentration (Affaire N IV/M.1717 - SIEMENS/ITALTEL) sur base du Règlement (CEE) N 4064/89 du Conseil. (Le texte en langue anglaise est le seul faisant foi.)

>PICTURE>

// COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.12.1999 SG(99) D/10360

to the notifying parties

Subject: Case No COMP/M.1717 - Siemens / Italtel

Notification of 12.11.1999 pursuant to Article 4 of Council Regulation No 4064/89

1. On 12.11.1999, Siemens AG notified a proposed concentration by which the undertaking acquires control of parts of the undertaking Italtel S.p.A. by way of purchase of assets.

2. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation No. 4064/89 and does not raise serious doubts as to its compatibility with the common market and the EEA Agreement.

I. THE PARTIES

3. Siemens AG (Siemens) is a German based global provider of electronic engineering and electronic products and services.

4. Italtel S.p.A. (Italtel) is an Italian based manufacturer of telecom equipment and systems.

II. THE OPERATION

5. In 1994, Telecom Italia S.p.A. ("Telecom Italia") and Siemens created a joint venture in order to become a major international supplier to the telecom industry .To this end, their respective Italian activities were merged into Italtel (Case No IV/M.468-Siemens/Italtel). Now, Siemens and Telecom Italia have agreed to divide Italtel including its related subsidiaries along the lines it is currently operating. The area "fixed networks" will become solely controlled by Telecom Italia. The areas "transport" as well as "mobile networks" will become solely controlled by Siemens. Only the latter concentration falls under the scope of the Merger Regulation.

III. CONCENTRATION

6. The acquisition by Siemens of control of parts of the undertaking Italtel by way of purchase of assets constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.

IV. COMMUNITY DIMENSION

7. The undertakings concerned have a combined aggregate worldwide turnover of more than EUR 5 billion [1]. Each of the undertakings concerned have a Community-wide turnover in excess of EUR 250 million (EUR 32.329 millions for Siemens and EUR 1.237 millions for the parts of Italtel which are subject to the transaction), but Siemens does not achieve more than two-thirds of their aggregate Community-wide turnover within one and the same Member State. The notified operation therefore has a Community dimension.

[1] Turnover calculated in accordance with Article 5(1) of the Merger Regulation and the Commission Notice on the calculation of turnover (OJ C66, 2.3.1998, p25). To the extent that figures include turnover for the period before 1.1.1999, they are calculated on the basis of average ECU exchange rates and translated into EUR on a one-for-one basis.

8. It does not constitute a cooperation case under the EEA agreement.

V. COMPETITIVE ASSESSMENT

9. In consequence of the dissolution of the Joint Venture Siemens as well as Telecom Italia will develop their business separately in the future and strengthen their competitiveness in the core competencies in taking over the respective lines of Italtel. The dissolution of the joint venture does not raise anticompetitive concerns.

VI. CONCLUSION

10. For the above reasons, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No 4064/89.

For the Commission,

Mario MONTI

Member of the Commission