Final Report of the Hearing Officer – Case AT.40728 – Corning
Date: 2025-07-02
Institutions: Directorate-General for Competition, European Commission
Subjects: EU competition policy, contract, control of restrictive practices, dominant position, electronic device, exclusive purchasing agreement, glass, mobile phone, patent








C_202600718EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/718


9.2.2026






Final Report of the Hearing Officer (1)

Case AT.40728 – Corning
(Text with EEA relevance)
(C/2026/718)

The draft decision, based on Article 9(1) of Council Regulation (EC) No 1/2003 (2) and addressed to Corning Incorporated, makes binding commitments regarding the supply of Alkali-AS Glass and Clear Glass Ceramics by Corning Incorporated, including all related legal entities over which it exercises decisive influence.
On 6 November 2024, the Commission opened proceedings with a view to adopting a decision under Chapter III of Regulation (EC) No 1/2003. On the same day, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003, which set out the Commission’s preliminary competition concerns under Article 102 TFEU and Article 54 of the EEA Agreement (the ‘Preliminary Assessment’).
On 13 November 2024, Corning Incorporated formally submitted proposed commitments to the Commission in order to meet the concerns expressed in the Preliminary Assessment (the ‘Initial Commitments’).
On 29 November 2024, a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case as well as the Initial Commitments offered by Corning Incorporated and inviting interested third parties to give their observations on the commitments within seven weeks following publication.
On 7 March 2025, the Commission informed Corning Incorporated of the observations received from interested third parties following the publication of the notice.
On 11 June 2025, Corning Incorporated submitted final commitments (the ‘Final Commitments’).
The draft decision makes the Final Commitments binding upon Corning Incorporated for nine years and concludes that there are no longer grounds for action by the Commission in this case as regards the concerns set out in the Preliminary Assessment.
No queries or submissions have been made to the Hearing Officer in connection with the proposed commitments by Corning Incorporated or any third parties.
In view of the above, I consider that the effective exercise of procedural rights has been respected in this case.


Brussels, 2 July 2025.

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 (EC) No 1/2003’).


ELI: http://data.europa.eu/eli/C/2026/718/oj
ISSN 1977-091X (electronic edition)