85/618/EEC: Commission Decision of 18 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.739 - Siemens/Fanuc) (Only the English and German texts are authentic)

• Articles: 3

Article 1

The provisions of agreements of 11 June 1975 between Fanuc Ltd and Siemens AG relating to exclusive selling rights for numerical controls in the comon market and to research, development and production of numerical controls constituted until their abrogation infringements of Article 85 of the EEC Treaty.

Article 2

1. For their involvement in the infringement relating to Siemens AG's exclusive selling rights in the common market for numerical controls manufactured by Fujitsu Fanuc Ltd and later by Fanuc Ltd, fines of one million ECU each, equivalent to Lfrs 44 744 900 (forty-four million, seven hundred and forty-four thousand, nine hundred) or DM 2 190 750 (two million, one hundred and ninety thousand, seven hundred and fifty), are imposed on Fanuc Ltd and Siemens AG. 2. These fines shall be paid within three months of the date of notification of this Decision into one of the three following accounts of the Commission of the European Communities:(a) Kredietbank (Agence Schuman), 2 rond-point Schuman, B-1040 Brussels, account No 426-4403003-54 (for payment in ECU);(b)Caisse d'Epargne de l'Etat, 1 place de Metz, L-2954 Luxembourg, account No 1/002/9906/6 (for payment in Lfrs);(c)Sal. Oppenheim & Cie., Unter Sachsenhausen 4, D-5000 Cologne, account No 260/0064910 (for payment in DM).

Article 3

This Decision is addressed to:1. Fanuc LtdOshinomuraMinami-TsurugunYamanashi Pref. 401-05Japan2.Siemens AGPostfach 103D-8000 Munich 1 This Decision shall be enforceable pursuant to Article 192 of the EEC Treaty.

Done at Brussels, 18 December 1985. For the Commission Peter SUTHERLAND Member of the Commission

(1) OJ No 13, 21. 2. 1962, p. 204/62.

(2) OJ No 127, 20. 8. 1963, p. 2268/63.

(3) It has recently been announced that Siemens has sold most of its shares in Fanuc.

(4)Certain figures have been omitted in the published version of the Decision pursuant to Article 21 (2) of Regulation No 17.

(1) See the Commission's statement on the machine-tool industry, 8 February 1983, SEC(83) 151.

(2) COM(85) 112 final; Bulletin of the European Communities, Supplement 6/85.

(3) Ibid., Annex I.

(1) Cases 51/75, 86/75 and 96/75 EMI v. CBS, [1976] ECR 811, 871 and 913.

(1) See Commission Decision 75/74/EEC, Duro-Dyne/Europair, OJ No L 38, 12. 2. 1975, p. 10.

(2)OJ No 57, 25. 3. 1967, p. 849/67.

(1) OJ No C 75, 29. 7. 1968, p. 3, as corrected by OJ No C 84, 28. 8. 1968, p. 14.

(2) The significance of the new technologies for the machine- tool industry and the importance of market competition and free trade in this context were stressed by the European Parliament in its resolution of 29 March 1984 on the European machine-tool industry, OJ No C 117, 30. 4. 1984, p. 92.