52002XX0925(01)

Final report of the Hearing Officer in case COMP/36.264 - Mercedes, 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)

(2002/C 228/03)

The draft Decision gives rise to the following obsevations regarding the right to be heard.

There were no procedural problems. The Statement of Objections was sent to the undertaking concerned, DaimlerChrysler AG, on 31 March 1999. The undertaking replied by letter of 14 June 1999. The Oral Hearing took place on 29 June 1999.

The rather long duration of the procedure is mainly due to the fact that the undertaking concerned was afforded the opportunity of submitting several additional comments in writing after the Oral Hearing. On 7 December 1999 DaimlerChrysler AG presented a legal expert's report which analysed in detail the main question of the case, namely the application of Article 81 to the distribution of motor vehicles via a network of commercial agents. A further written submission from the undertaking was received by the Commission on 4 September 2000 after the judgment of the Court of First Instance of the European Communities in the Volkswagen AG case. The draft Decision to be submitted to the Advisory Committee on restrictive practices and monopolies was drafted by mid-2001 after all of DaimlerChrysler AG's submissions had been analysed.

It follows from the above observations that the rights of defence have been fully respected. The draft Decision deals only with objections in respect of which DaimlerChrysler AG has been afforded the opportunity of making known its views.

Done at Brussels on 4 September 2001.

Helmuth Schröter