12.11.2013   

EN

Official Journal of the European Union

C 326/1

12.11.2013   

EN

Official Journal of the European Union

C 326/2

1.

The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 12 November 2012 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.

2.

The Advisory Committee agrees with the Commission that the proceedings concerning Thomson Reuters can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

3.

The Advisory Committee agrees with the Commission that the commitments offered by Thomson Reuters are suitable, necessary and proportionate and should be made legally binding on Thomson Reuters.

4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Thomson Reuters, there are no longer grounds for action by the Commission against Thomson Reuters, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

5.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

6.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

12.11.2013   

EN

Official Journal of the European Union

C 326/3

(1)

On 30 October 2009, the Commission decided to open proceedings against Thomson Reuters Corporation and companies under its direct or indirect control, including Reuters Limited (‘Thomson Reuters’) for alleged abuse of dominance in the world-wide market for consolidated real-time datafeeds.

(2)

A preliminary assessment was adopted by the Commission on 19 September 2011 pursuant to Article 9(1) of Regulation (EC) No 1/2003 (2) and notified to Thomson Reuters on 20 September 2011. The preliminary assessment concluded that Thomson Reuters was dominant in the world-wide market for consolidated real-time datafeeds and Thomson Reuters’ restrictive licensing practices as regards the use of Reuters Instrument Codes (‘RICs’) were in breach of Article 102 TFEU and Article 54 of the EEA Agreement.

(3)

On 8 November 2011, Thomson Reuters submitted a first commitments' proposal to address the concerns raised by the Commission in its preliminary assessment. On 14 December 2011, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on Thomson Reuters's proposal (3). In response to the observations received Thomson Reuters submitted a revised commitment proposal on 27 June 2012. On 12 July 2012, the Commission launched a second market test and published the revised commitments (4).

(4)

Respondents criticised a number of aspects of the revised commitments. The Commission in its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003 makes binding upon Thomson Reuters the amended commitments offered by the latter on 7 November 2012 as revised in the light of the responses to the second market test and concludes that in light of the amended commitments offered, there are no longer grounds for action on its part.

(5)

I have not received so far any request or complaint from any party to the proceedings in the present case (5). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.

12.11.2013   

EN

Official Journal of the European Union

C 326/4

(1)

On 30 October 2009, the Commission decided to open proceedings against Thomson Reuters Corporation and companies under its direct or indirect control, including Reuters Limited (‘Thomson Reuters’) for alleged abuse of dominance in the worldwide market for consolidated real-time datafeeds. A preliminary assessment was adopted by the Commission on 19 September 2011 pursuant to Article 9(1) of Regulation (EC) No 1/2003 (2) and notified to Thomson Reuters on 20 September 2011.

(2)

Thomson Reuters is a global provider of financial information for professionals in the financial services sector. According to the preliminary assessment, Thomson Reuters is dominant in the worldwide market for consolidated real-time datafeeds. Thomson Reuters may have abused its dominant position by imposing certain restrictions as regards the use of Reuters Instrument Codes (‘RICs’). RICs are short, alphanumerical codes developed by TR that identify securities and their trading locations.

(3)

Thomson Reuters prohibits its customers from using RICs to retrieve data from consolidated real-time datafeeds of other providers and prevents third parties from creating and maintaining mapping tables incorporating RICs that would allow the systems of Thomson Reuters’ customers to interoperate with consolidated real-time datafeeds of other providers. The Commission has reached the preliminary conclusion that these practices create substantial barriers to switching datafeed providers and constitute an abuse of a dominant position under Article 102 of the Treaty and Article 54 of the EEA Agreement.

(4)

Thomson Reuters disagrees with the Commission’s preliminary assessment, but has nevertheless offered commitments pursuant to Article 9(1) of Regulation (EC) No 1/2003 to address the Commission’s competition concerns. On 8 November 2011, Thomson Reuters submitted a first commitments proposal to address the concerns raised by the Commission in its preliminary assessment. On 14 December 2011, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on Thomson Reuters's proposal (3). In response to the observations received, Thomson Reuters, submitted a revised commitment proposal on 27 June 2012. On 12 July 2012, the Commission launched a second market test and published the amended commitments (4).

(5)

On 7 November 2012, Thomson Reuters provided revised commitments (‘proposed commitments’). The proposed commitments consist of the offering of a licence (an ERL) to customers that, at the time of applying for the ERL, are subscribed to a TR consolidated real-time datafeed Service and will cover all applications licensed under the TR consolidated real-time datafeed service. This includes server-based applications and associated downstream individual user applications (View Charge Interface) for the purpose of viewing, validating and manipulating distributed data. In the case of global datafeed licences, the proposed commitments relate to all internal applications (including any desktop-based applications) licenced under such a global datafeed licence. The proposed commitments do not cover the use of real-time market data licensed for individual use as part of a Thomson Reuters packaged desktop service (5).

(6)

The ERL gives customers the possibility to license additional RIC symbology usage rights for the purpose of switching providers of consolidated real-time datafeeds. This license allows them, for a monthly licence fee, to use RICs to retrieve real-time financial data from consolidated real-time datafeeds sourced from Thomson Reuters' competitors for the purpose of switching some or all of their server-based applications and desktop-based applications to alternative consolidated real-time datafeed providers.

(7)

In addition, under the proposed commitments, Thomson Reuters will provide ERL licensees with regular and timely updates of the relevant RICs including, where applicable, the necessary cross-referencing information linked to the RIC, for example: relevant trading venue, source, official code, currency or description. These updates will be made available with the same frequency as updates provided to Thomson Reuters’ customers.

(8)

The proposed commitments cover customers that will switch away from Thomson Reuters consolidated real-time datafeeds to an alternative consolidated real-time datafeed (full switch); and customers that will subscribe to a third party consolidated real-time datafeed in addition to the TR consolidated real-time datafeed service without switching away from the latter (partial switch). Customers will not be obliged to subscribe or to continue to subscribe to any Thomson Reuters data or other services after subscribing to the ERL.

(9)

The ERL will be available for subscription to Thomson Reuters’ customers for a period of five years from the commencement date (6). Instead of subscribing to the ERL within the initial five-year period, a customer may purchase, for USD 150 per month, an option to subscribe to the ERL. This option can be exercised within two years after the initial five-year period. Thus, under the proposed commitments, Thomson Reuters’ customers will essentially have a seven-year period in which to subscribe to the ERL. Upon subscription, the ERL is granted to customers in perpetuity, subject to payment of the relevant fee.

(10)

The proposed licence can be used worldwide provided that the customer has genuine business operations in the EEA.

(11)

The proposed commitments allow third party developers to develop and maintain a switching tool. Subject to a monthly license fee, third party developers can use and keep RICs in the switching tools they develop. The third party developer rights are set out in a separate license which is included in Annex II to the proposed commitments. Third party developers may obtain support from alternative vendors of consolidated real-time datafeeds in mapping to that vendor’s symbology and may engage in information sharing (with the exclusion of RICs) and close cooperation in relation to the design, build, maintenance, selling and advertising of the switching tool.

(12)

Eligible third party developers exclude any vendor, re-seller or re-distributor of market data that requires symbology for identification and navigation as well as any developer that is directly or indirectly controlling, controlled by or under common control with such a vendor, re-seller or re-distributor of market data.

(13)

Thomson Reuters will appoint, subject to approval by the Commission, a monitoring trustee to monitor Thomson Reuters’ compliance with the proposed commitments, for a period of seven years from the commencement date.

(14)

The Commission considers that the proposed commitments are sufficient to address the identified competition concerns. In its Decision of 20 December 2012 pursuant to Article 9(1) of Regulation (EC) No 1/2003 the proposed commitments were made binding on Thomson Reuters. The Decision also finds that in view of the commitments, there are no longer grounds for action by the Commission.

(15)

On 26 November 2012, the Advisory Committee on restrictive practices and dominant positions was consulted. On 29 November 2012, the Hearing Officer issued his final report.

12.11.2013   

EN

Official Journal of the European Union

C 326/7

1.

On 4 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Triton Managers IV Limited and TFF IV Limited in their capacity as general partners of Triton Fund IV, part of the Triton Group (‘Triton’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Bosch Rexroth Pneumatic Holding BV (‘Bosch Rexroth’, Germany) by way of purchase of all shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7065 — Triton/Bosch Rexroth Pneumatics Holding, to the following address:

12.11.2013   

EN

Official Journal of the European Union

C 326/8

1.

On 5 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Medtronic Vascular Holdings (Ireland), controlled by Medtronic Inc. (‘Medtronic’, USA), and Backston Management Limited (Cyprus), ultimately controlled by Renova Investment Group Ltd (‘Renova Group’, Russian Federation), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of LLC Stentex (‘Stentex’, Russian Federation) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7084 — Medtronic Vascular/Backston/JV, to the following address:

12.11.2013   

EN

Official Journal of the European Union

C 326/9

1.

On 4 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bolton Group International Srl (‘Bolton’, Italy) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Tri-Marine Holdings Coöperatief UA (Netherlands), Tri Marine US Holdings, LLC (United States), Cape Fisheries Holdings, LP (United States) and CFH GP, LLC (United States), forming the Tri Marine group, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7010 — Bolton/Tri-Marine/JV, to the following address:

12.11.2013   

EN

Official Journal of the European Union

C 326/10

1.

On 4 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fondo Strategico Italiano (‘FSI’, Italy) controlled by Cassa Depositi e Prestiti SpA (‘CDP’, Italy) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Ansaldo Energia (‘AEN’, Italy) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7086 — Fondo Strategico Italiano/Ansaldo Energia, to the following address:

12.11.2013   

EN

Official Journal of the European Union

C 326/11

—

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Name of product

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☒

Description of product

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Geographical area

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☒

Proof of origin

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☒

Method of production

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☒

Link

—

☒

Labelling

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National requirements

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

Other (to be specified)

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☒

Amendment to Single Document or Summary Sheet

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

Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary has been published.

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

Amendment to Specification that requires no amendment to the published Single Document.

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

Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities.

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Raw material: milk

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Finished product:

The size of the cheeses is increased to adapt to the new demands of the market. To make this increase, a new analysis was conducted to study the lower and upper extremes of the new range presented (drawn up using the new parameters defined in point E of the new specifications ‘Method of production’), which showed that the physical, chemical and organoleptic characteristics required by the original specification are met.

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Weight: From 300 g to 2,6 kg.

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Maximum diameter: 190 mm.

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Maximum height: 100 mm.

—

Diameter/height ratio: 1,5 minimum-2,2 maximum.

RIND:

BODY:

—

The restriction on the frequency of milking to once a day is removed. This is due to the technological advances that have been made in recent years in the milking equipment and the milk quality control systems which allow these goats to be milked twice a day like any other breed of milk-producing goat or sheep.

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To describe the method of working in more detail, a description of the draining stage is added to the stage on working the curd. The following paragraph is added:

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The possible ways of putting the curd into the moulds are defined: ‘by manual or mechanical means’.

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A section on removing the cheese from the mould is added to describe the process in more detail:

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The maturation phase defines, along with the turning and washing phases, the bathing of the cheese in wine during maturation. It also sets the minimum time for maturation for pieces of 500 g or less at 30 days.

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In the maturation phase of the Murcian wine cheese, the cheese is bathed in red wines produced in the Region of Murcia and covered by some of its recognised geographical indications, including the Monastrell variety which is the most representative and typical of the area. According a review of various literature sources, these wines are characterised by their strong colour, generally an intense red-purple with touches of violet, and their high level of chemical components such as tannins, polyphenols and anthocyanins which are ultimately responsible for giving the cheese rind its characteristic colour and taste. The reference to ‘doble pasta’ in the specification is removed, because this characteristic is not defined or typified in the relevant legislation. In practice, each cheese dairy regulates the number of wine baths, the time the cheeses spend in the bath and how often the wine is changed, seeking empirically to optimise the combination of these factors to achieve the desired result with regard to the colour and aroma of the rind, according to the requirements defined in the specification.

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The reference to the milk being filtered has been removed as the present milking system includes a filter, so this stage is no longer necessary. The same applies for milk discharged and stored in a tank and subsequently pasteurised, as the tanks and pasteurising equipment have filters to eliminate the impurities in the milk.

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The time for curdling is reduced from 40 to 60 minutes to 30 to 60 minutes. The reason for the change is:

—

At the cutting of the curd stage, the size of the curd grains obtained when the curd is cut is no longer specified, this being considered a criterion which each industry must establish depending on the process it uses. In any case, the end product must meet the requirements set out in the specification.

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The time for pressing is reduced from 2 to 4 hours to 1 to 4 hours. The reason for the change is that the new smaller sizes of cheeses need less time for pressing.

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The requirement for a maximum saline concentration of 20° Bé maximum is removed. The length of time the product is kept in the salty brine is maintained and the concentration of the brine is at the operator's discretion, provided that the end product meets the requirements set out in the specification.

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The relative humidity of the maturation rooms has been adapted to current working methods, moving from a minimum of 80 % to 70-90 %, without this affecting the requirements for the end product set out in the specification.

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The storage temperature and systems used for collecting and transporting the milk must comply with the requirements of the relevant legislation (transport in refrigerated bulk tankers and the temperature in the tank must be ≤ 6 °C).

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The enzymes used in the curd change from those accepted by the Inspection Body to must comply with the relevant legislation (approval number and certified for food use).

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The different moulds available on the market and allowed by the relevant legislation (approval number and certified for food use) can be used without prior approval of the Inspection Body, provided that they are a suitable size so that the cheeses have the defined shape, dimensions and weight after maturation.

‘The area where the milk of the Murcian goat is produced and made into cheese is characterised by a very varied topography and landscape, etc.’

‘The relief is complex, dominated by the high Baetic mountains of the north east. From a geological point of view, etc.’

‘The area occupied by crops in 1996, etc.’

Class 1.3.

Cheese

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Physical:

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Chemical:

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Organoleptic:

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The bacterial load must be ≤ 1 500 000 plate count per ml.

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No pharmacologically active substances.

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The analytical characteristics of the milk must be:

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Seasonal grazing on natural vegetation, predominantly scrubland, of scant nutritional value, but the particular characteristics of which influence the organoleptic properties of the cheese.

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Continuous use of sub-products, particularly cereal straw, vine branches, olive tree branches, almond shells, citrus pulp, beetroot pulp and waste from the canning industry, which is abundant in the Murcia Region.

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Supplement of high-nutritional value, based on seeds and alfalfa hay.