Final Report of the Hearing Officer (1)

Case AT.40608 Broadcom – Commitments

(Text with EEA relevance)

(2021/C 81/08)

The present report relates to a draft commitments decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (2) (the ‘Draft Decision’) addressed to Broadcom Inc. (‘Broadcom’).

In the same Case AT.40608 the Commission already adopted, on 16 October 2019, a decision pursuant to Article 8 of Regulation (EC) No 1/2003 imposing interim measures on Broadcom (the ‘Interim Measures Decision’). (3) In my Final Report of 8 October 2019, I already concluded that the effective exercise of procedural rights had been respected in the interim measures procedure. (4)

On 1 April 2020, Broadcom proposed commitments (the ‘Initial Commitments’) in order to meet the concerns expressed in the Interim Measures Decision as well as some further concerns expressed in the statement of objections of 26 June 2019 preceding the Interim Measures Decision, the combination of which constitutes the preliminary assessment for the purposes of the Draft Decision.

On 30 April 2020, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No 1/2003, inviting comments from interested third parties on the Initial Commitments.

On 29 June 2020, the Commission informed Broadcom of the observations received.

On 31 July 2020, Broadcom submitted amended commitments in response to the comments received (the ‘Final Commitments’).

The Draft Decision makes the Final Commitments binding upon Broadcom for seven years and concludes that there are no longer grounds for action by the Commission in this case as regards the concerns as set out in the preliminary assessment.

I have not received any request or complaint with respect to the commitments procedure.

Overall, I consider that the effective exercise of procedural rights has been respected in this case.

(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 1/2003’).

(3)  Commission Decision of 16 October 2019 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union, Article 54 of the EEA Agreement and Article 8 of 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 (Case AT.40608 – Broadcom), C(2019) 7406 final.

(4)  Final Report of the Hearing Officer – Broadcom – Interim Measures Procedure (AT.40608) of 8 October 2019.