Final report of the Hearing Officer — Reuters Instrument Codes (RICs) (COMP/39.654)
Date: 2012-11-29
Institutions: European Commission
Subjects: data transmission, dominant position, financial services, judicial proceedings, patents licence








C_2013326EN.01000301.xml










12.11.2013   


EN


Official Journal of the European Union


C 326/3





Final report of the Hearing Officer (1)

Reuters Instrument Codes (RICs)
(COMP/39.654)
2013/C 326/03






(1)


On 30 October 2009, the Commission decided to open proceedings against Thomson Reuters Corporation and companies under its direct or indirect control, including Reuters Limited (‘Thomson Reuters’) for alleged abuse of dominance in the world-wide market for consolidated real-time datafeeds.










(2)


A preliminary assessment was adopted by the Commission on 19 September 2011 pursuant to Article 9(1) of Regulation (EC) No 1/2003 (2) and notified to Thomson Reuters on 20 September 2011. The preliminary assessment concluded that Thomson Reuters was dominant in the world-wide market for consolidated real-time datafeeds and Thomson Reuters’ restrictive licensing practices as regards the use of Reuters Instrument Codes (‘RICs’) were in breach of Article 102 TFEU and Article 54 of the EEA Agreement.










(3)


On 8 November 2011, Thomson Reuters submitted a first commitments' proposal to address the concerns raised by the Commission in its preliminary assessment. On 14 December 2011, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on Thomson Reuters's proposal (3). In response to the observations received Thomson Reuters submitted a revised commitment proposal on 27 June 2012. On 12 July 2012, the Commission launched a second market test and published the revised commitments (4).










(4)


Respondents criticised a number of aspects of the revised commitments. The Commission in its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003 makes binding upon Thomson Reuters the amended commitments offered by the latter on 7 November 2012 as revised in the light of the responses to the second market test and concludes that in light of the amended commitments offered, there are no longer grounds for action on its part.










(5)


I have not received so far any request or complaint from any party to the proceedings in the present case (5). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.





Brussels, 29 November 2012.

Michael ALBERS




(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.

(3)  Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.654 — Reuters Instrument Codes (RICs) (OJ C 364, 14.12.2011, p. 21).

(4)  Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.654 — Reuters Instrument Codes (RICs) (OJ C 204, 12.7.2012, p. 44).

(5)  In accordance to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the hearing officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.