52003XX1018(01)

Final report of the hearing officer in case COMP/38.044/D3 - NDC/IMS

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings - OJ L 162, 19.6.2001, p. 21)

(2003/C 250/08)

The draft decision in the above-mentioned case gives rise to the following observations.

On 3 July 2001 the Commission adopted an interim measures decision on the basis of Article 3 of Regulation No 17 of 1962 addressed to IMS Health ("IMS"). The case had been initiated following a complaint lodged by NDC Health ("NDC").

On 15 April 2003 the Commission sent letters to IMS, NDC and AzyX Deutschland GmbH ("AzyX") (AzyX being the only other competitor to IMS operating at the time of the Commission's decision), requesting each of them to supply certain information requested by the Commission services, and also inviting them to submit observations on whether or not the Commission should withdraw its interim measures decision on the ground of lack of urgency. These letters were sent further to contacts between the Commission services and IMS and NDC which took place, in particular, following the ruling on appeal of the Frankfurt Higher Regional Court on the merits of IMS's breach of copyright and unfair action against a subsidiary of NDC. AzyX responded to the Commission's letter on 9 May. IMS and NDC responded on 12 May.

In the light of the above, I consider the rights to be heard have been respected in this case.

Brussels, 1 August 2003.

Karen Williams