15.10.2011   

EN

Official Journal of the European Union

C 305/6

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Order the defendant to produce the questionnaires sent by it to third parties during the first phase and second phase of its investigation into the proposed acquisition by Western Digital Corporation of Viviti Technologies Ltd. and into the proposed acquisition by Seagate of the hard disk drive business of Samsung Electronics Co. Ltd.;

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Order the defendant to grant access to its pre-notification and post-notification file in the Seagate transaction, including, in particular, access to the non-confidential versions of any correspondence and records of contacts between Seagate, Samsung, and the Commission until the notification date, and any internal communications within the Commission – in both the Seagate/Samsung and Western Digital Ireland/Viviti Technologies cases – concerning the prioritization of the two transactions;

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Annul the priority decision included in the Decision (2011/C 165/04) of the European Commission of May 30, 2011, in Case COMP/M.6203 – Western Digital Ireland/Viviti Technologies, to open a second phase investigation with regard to the proposed concentration, in accordance with Article 6(1)(c) of Council Regulation No 139/2004 (1) (OJ 2011 C 165, p. 3); and

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Order the defendant to pay the costs of the present proceedings.

1.

First plea in law, alleging the defendant lacks the powers to adopt a priority rule based on the date of notification of a concentration.

2.

Second plea in law, alleging that the defendant committed an error of law and violated the general principles of fairness and good administration, as:

3.

Third plea in law, alleging that the defendant breached applicants’ legitimate expectations that the proposed acquisition by Western Digital Corporation of Viviti Technologies Ltd. would be assessed against the market structure that prevailed when it was signed, announced and pre-notified to the Commission.

4.

Fourth plea in law, alleging that the defendant breached the principles of good administration, fairness, proportionality and non-discrimination, by imposing additional burdens on the applicants, and by not disclosing the fact that there was a parallel transaction affecting the same relevant markets.