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Document 02002D0191-20051216
Commission Decision of 3 April 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2139 — Bombardier/ADtranz) (notified under document number C(2001) 1032) (Only the English text is authentic) (Text with EEA relevance) (2002/191/EC)
Consolidated text: Commission Decision of 3 April 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2139 — Bombardier/ADtranz) (notified under document number C(2001) 1032) (Only the English text is authentic) (Text with EEA relevance) (2002/191/EC)
Commission Decision of 3 April 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2139 — Bombardier/ADtranz) (notified under document number C(2001) 1032) (Only the English text is authentic) (Text with EEA relevance) (2002/191/EC)
02002D0191 — EN — 16.12.2005 — 001.001
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COMMISSION DECISION of 3 April 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2139 — Bombardier/ADtranz) (notified under document number C(2001) 1032) (Only the English text is authentic) (Text with EEA relevance) (OJ L 069 12.3.2002, p. 50) |
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L 329 |
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COMMISSION DECISION
of 3 April 2001
declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement
(Case COMP/M.2139 — Bombardier/ADtranz)
(notified under document number C(2001) 1032)
(Only the English text is authentic)
(Text with EEA relevance)
(2002/191/EC)
Article 1
The notified operation whereby Bombardier Inc., acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking DaimlerChrysler Rail Systems GmbH is hereby declared compatible with the common market and with the functioning of the EEA Agreement.
Article 2
Article 1 is subject to full compliance with the conditions set out in paragraphs 1(a), first subparagraph, 1(c), 1(d), 1(e), first and fourth subparagraphs, 1(f), 1(g), 1(h), and 1(i) of the Annex.
Article 3
Article 1 is subject to full compliance with the obligations set out in paragraphs 1(a), second subparagraph, 1(e), second and third subparagraphs, and paragraphs 2 to 8 of the Annex.
Article 4
This decision is addressed to:
Bombardier Inc.
800 René-Lévesque Blvd. West
Montréal, Québec
Canada H3B 1Y8.
ANNEX
Case No COMP/M.2139 — Bombardier/ADtranz
Undertakings
The full English text of the undertakings referred to in Article 2 and 3 may be consulted on the following Commission web-site: http://europa.eu.int/comm/competition/index_en.html
( 1 ) OJ L 395, 30.12.1989, p.1; Corrigendum in OJ L 257, 21.9.1990, p. 13.
( 2 ) OJ L 180, 9.7.1997, p.1; Corrigendum OJ L 40, 13.2.1998, p. 17.
( 3 ) OJ C 63, 12.3.2002.
( 4 ) Turnover calculated in accordance with Article 5(1) of the Merger Regulation and the Commission Notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25).
( *1 ) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.
( 5 ) Commission Decision 97/25/EC of 18 October 1995 (OJ L 11, 14.1.1997, p. 1, point 9).
( 6 ) ‘Train à grande vitesse’ (high-speed train).
( 7 ) ‘Intercity Express’.
( 8 ) See recital 9.
( 9 ) Decision 97/25/EC of 18 October 1995, recitals 41 and 42.
( 10 ) Decision of 18 September 2000, recital 18.
( 11 ) Decision of 15 March 1999 (OJ C 97, 9.4.1999, p. 7), recital 10.
( 12 ) See Commission decision of 29 January 1998 in Case No IV/M.1064 — Bombardier/DWA (OJ C 49, 14.2.1998, p. 13).
( 13 ) Decision 97/25/EC of 18 October 1995, recital 43.
( 14 ) MARIE (Mass transit rail initiative for Europe) is a voluntary initiative of the railway supply industry and the urban transport operators under the auspices of the European Commission. It aims to improve the competitiveness of urban rail systems and to accomplish the Single Market by means of standardisation. The areas of work were design harmonisation, financial engineering, life cycle costing and contractual terms and conditions.
( 15 ) Third generation of ICE trains.
( 16 ) These customers are also referred to as ‘rolling stock leasing companies’ (ROSCOs).
( 17 ) Kiepe is an independent manufacturer of electrical propulsion systems, especially for trams and trolleybuses. The company had to be sold by Daimler Benz as a condition of clearance in case ABB/Daimler-Benz of 1995 (IV/M.580), in order to ensure that another independent supplier of electrical components remained present in the market.
( 18 ) In particular, Alstom has so far been present in Germany mainly through its subsidiary LHB; Bombardier is the parent company of the German-based DWA; see recital 19.
( 19 ) See recitals 63 and 64.
( 20 ) See recitals 62 to 66.
( 21 ) See recitals 39 and 40.
( 22 ) Either directly or through their subsidiaries, either as single bidders or as part of consortia.
( 23 ) Either directly or through their subsidiaries, either as single bidders or as part of competing consortia.
( 24 ) DWA is now a subsidiary of Bombardier (see recital 19).
( 25 ) Stadler and ADtranz currently have joint control over the Stadler Pankow Joint Venture (see recital 103).
( 26 ) See recitals 39 and 40.
( 27 ) In 2000 only three tram/LRV contracts were tendered out in France, all of which were won by Alstom.
( 28 ) See recitals 39 and 40.
( 29 ) Either directly or through their subsidiaries, either as single bidders or as part of consortia.
( 30 ) See recital 13.
( 31 ) Either directly or through their subsidiaries, either as single bidders or as part of competing consortia.
( 32 ) As for the enlargement of the new entity's product portfolio, see also the preceding paragraph.
( 33 ) The contract was awarded in 1999.
( 34 ) The contract was awarded in 1999.
( 35 ) See recital 17 and following.
( 36 ) See recitals 39 and 40.
( 37 ) See paragraphs 1(e) to (g) of the undertakings, as set out in the Annex.
( 38 ) Stadler and ADtranz currently have joint control over the Stadler Pankow Joint Venture (see recital 103).
( 39 ) See paragraphs 1(h) and (i) of the undertakings, as set out in the Annex.
( 40 ) See paragraphs 1(a) and (b) of the undertaking, as set out in the Annex.
( 41 ) Bombardier and ELIN's majority shareholder, VA TECH ELIN EBG GmbH, currently have joint control over ELIN (see recital 105).
( 42 ) See paragraphs 1(c) and (d) of the undertakings, as set out in the Annex.
( 43 ) See recitals 68 and 84.
( 44 ) For details, see recital 96, as well as the fourth subparagraph of 1(e) and paragraph 1(g) of the undertakings, as set out in the Annex.
( 45 ) See recitals 63 to 66.
( 46 ) As long as ADtranz participates in the Stadler Pankow Joint Venture, the GTW project can be regarded as a consortium, with Stadler as prime contractor, with ADtranz providing propulsion, and with Stadler Pankow being a common production site; the corresponding market share would have to be split between Stadler and ADtranz. After ADtranz will have withdrawn from the Stadler Pankow Joint venture, as provided for by the undertakings submitted, what whole of the GTW market share will have to be attributed to Stadler alone.