do-me/EUR-LEX huggingface dataset:
Final Report of the Hearing Officer — OPCOM/Romanian Power Exchange (AT.39984)
Date: 2014-09-13
Institutions: European Commission
Subjects: Romania, electricity supply, fine, infringement of EU law, parent company, subsidiary








C_2014314EN.01000601.xml










13.9.2014   


EN


Official Journal of the European Union


C 314/6





Final Report of the Hearing Officer (1)

OPCOM/Romanian Power Exchange
(AT.39984)
2014/C 314/06






(1)


On 6 December 2012, the Commission initiated proceedings within the meaning of Article 11(6) of Regulation (EC) No 1/2003 (2) and Article 2(1) of Regulation (EC) No 773/2004 (3) against SC OPCOM SA (‘OPCOM’) and its parent company C.N.T.E.E. Transelectrica S.A. (‘Transelectrica’) for alleged abuse of dominance on the market for services facilitating electricity trading in Romania.










(2)


The Statement of Objections (‘SO’) was adopted on 29 May 2013. According to the SO, OPCOM’s requirement that foreign traders obtain a Romanian VAT registration inhibits competition on the Romanian electricity market.










(3)


On 7 June 2013, OPCOM and Transelectrica received access to the file and subsequently submitted their replies to the SO on 5 and 7 August 2013 respectively, following a two-week extension to the original period of 6 weeks set by DG Competition to reply to the SO. In their written response to the SO, both OPCOM and Transelectrica requested an oral hearing.










(4)


The oral hearing took place on 19 September 2013. Both OPCOM and Transelectrica attended. The European Federation of Energy Traders (EFET), invited by the Commission to express its views at the oral hearing, pursuant to Article 13(3) of Regulation (EC) No 773/2004 and Article 12(1) of Decision 2011/695/EU, also attended.










(5)


On 28 November 2013 DG Competition sent to OPCOM and Transelectrica a Letter of Facts. Following an extension of the original deadline of 9 December 2013 to reply to the Letter of Facts, Transelectrica submitted its reply on 13 December 2013 and OPCOM on 6 January 2014.










(6)


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, and I have come to a positive conclusion.










(7)


In conclusion, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.





Brussels, 26 February 2014.

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).

(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).
Non-opposition to a notified concentration (Case M.7323 — Nordic Capital/GHD Verwaltung)  Text with EEA relevance
Date: 2014-09-13
Institutions: European Commission
Subjects: Europe, Germany, economic concentration, investment company, merger control, pharmaceutical industry








C_2014314EN.01000101.xml










13.9.2014   


EN


Official Journal of the European Union


C 314/1





Non-opposition to a notified concentration
(Case M.7323 — Nordic Capital/GHD Verwaltung)
(Text with EEA relevance)
2014/C 314/01
On 14 August 2014, 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 language 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 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 32014M7323. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2014-09-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2014314EN.01000401.xml










13.9.2014   


EN


Official Journal of the European Union


C 314/4





Euro exchange rates (1)

12 September 2014
2014/C 314/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2931




JPY


Japanese yen


138,72




DKK


Danish krone


7,4437




GBP


Pound sterling


0,79660




SEK


Swedish krona


9,2308




CHF


Swiss franc


1,2089




ISK


Iceland króna


 




NOK


Norwegian krone


8,2405




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,600




HUF


Hungarian forint


314,88




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1977




RON


Romanian leu


4,4248




TRY


Turkish lira


2,8507




AUD


Australian dollar


1,4283




CAD


Canadian dollar


1,4300




HKD


Hong Kong dollar


10,0223




NZD


New Zealand dollar


1,5835




SGD


Singapore dollar


1,6314




KRW


South Korean won


1 338,42




ZAR


South African rand


14,1961




CNY


Chinese yuan renminbi


7,9312




HRK


Croatian kuna


7,6248




IDR


Indonesian rupiah


15 304,21




MYR


Malaysian ringgit


4,1308




PHP


Philippine peso


56,897




RUB


Russian rouble


49,0034




THB


Thai baht


41,631




BRL


Brazilian real


2,9828




MXN


Mexican peso


17,1271




INR


Indian rupee


78,5970






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7327 — AdP/BBI/IFC/Marguerite/TAV/ZAIC)  Text with EEA relevance
Date: 2014-09-13
Institutions: European Commission
Subjects: Croatia, airport, economic concentration, merger control, transport infrastructure








C_2014314EN.01000102.xml










13.9.2014   


EN


Official Journal of the European Union


C 314/1





Non-opposition to a notified concentration
(Case M.7327 — AdP/BBI/IFC/Marguerite/TAV/ZAIC)
(Text with EEA relevance)
2014/C 314/02
On 8 September 2014, 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 the English language 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 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 32014M7327. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Opinion of the Advisory Committee on Restrictive Practices and dominant position given at its meeting of 24 February 2014 regarding a draft decision relating to Case AT.39984 OPCOM/Romanian Power Exchange — Rapporteur: Hungary
Date: 2014-09-13
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Romania, electricity supply, fine, infringement of EU law, parent company, subsidiary








C_2014314EN.01000501.xml










13.9.2014   


EN


Official Journal of the European Union


C 314/5





Opinion of the Advisory Committee on Restrictive Practices and dominant position given at its meeting of 24 February 2014 regarding a draft decision relating to Case AT.39984 OPCOM/Romanian Power Exchange
Rapporteur: Hungary
2014/C 314/05






1.


The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee.
A majority agrees and a minority disagrees.










2.


The Advisory Committee agrees with the Commission’s definition of the relevant product market as the market for services facilitating short-term electricity trading.










3.


The Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Romania.
A majority agrees and a minority disagrees.










4.


The Advisory Committee agrees with the Commission that OPCOM abused its dominant position on the relevant market by discriminating market participants on grounds of nationality/place of establishment without objective justification.
A majority agrees and a minority disagrees.










5.


The Advisory Committee agrees with the Commission that Transelectrica should be held jointly and severally liable for the infringement of its subsidiary.
A majority agrees and a minority disagrees.










6.


The Advisory Committee agrees with the Commission that a fine should be imposed on OPCOM and its parent company Transelectrica.
A majority agrees and a minority disagrees.










7.


The Advisory Committee agrees with the Commission on the duration of the infringement to be taken into account for the calculation of the basic amount of the fine.
A majority agrees and a minority disagrees.










8.


The Advisory Committee agrees with the Commission that there are no mitigating or aggravating circumstances to be taken into account.
A majority agrees and a minority disagrees.










9.


The Advisory Committee agrees with the Commission on the final amount of the fine.
A majority agrees and a minority disagrees.










10.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.