95/354/EC: Commission Decision of 14 February 1995 relating to a proceeding pursuant to Council Regulation (EEC) No 4064/89 (Case No IV/M. 477 - Mercedes- Benz/Kässbohrer) (Text with EEA relevance) (Only the German text is authentic)

• CELEX: Regulation (EEC) No 4064/89
• Articles: 3

Article 1

The notified concentration between Mercedes-Benz AG and Karl Kässbohrer Fahrzeugwerke GmbH is declared compatible with the common market and with the operation of the EEA Agreement.

Article 2

This Decision is addressed to:

Mercedes-Benz AG

D-70546 Stuttgart.

Done at Brussels, 14 February 1995.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 395, 30. 12. 1989, p. 1. Corrigendum: OJ No L 257, 21. 9. 1990, p. 13.

(2) Renault/Volvo, IV/M.004, Decision of 7 November 1990, point 15; Renault/Heuliez, IV/M.092, Decision of 3 June 1991, point 5.

(3) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 17 (2) of Regulation (EEC) No 4064/89 concerning non-disclosure of business secrets.

(4) More than 50 %.

(5) OJ No L 122, 17. 5. 1991, p. 48, point 38.

(6) OJ No L 114, 8. 5. 1993, p. 34, point 91.

(7) Recently, however, an agreement has been concluded on future supplies (details of which are a business secret).

(8) OJ No L 354, 31. 12. 1994, p. 32.

(9) OJ No L 356, 5. 12. 1992, p. 1.

(10) Price is meant here in the sense of price/performance ratio, since not only the purchase price but also the cost of spare parts, economy in use, depreciation, etc. are important factors in the case of capital goods such as buses.

(11) In Germany both public and private bus operators are eligible under the Local Authority Transport Finance Law for a grant worth about 30 % of the purchase price provided the new bus is used for more than two-thirds of the time on a scheduled service over a period of at least 10 years (the exact percentage differs from one Land to another) and certain standards of equipment (handrails, double doors, route indicator panels) are met.

Schedules & Appendices

ANNEX Ia

COMPARISON OF MARKET SHARES IN GERMANY 1980 to 1994 (1994: January to November)

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Year

ANNEX Ib

COMPARISON OF MARKET SHARES IN GERMANY City buses (1984 to 1994)

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Year

ANNEX Ic

COMPARISON OF MARKET SHARES IN GERMANY Intercity buses (1984 to 1994)

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Year

ANNEX Id

COMPARISON OF MARKET SHARES IN GERMANY Touring coaches (1984 to 1994)

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Year

ANNEX II

>TABLE>

ANNEX III

>TABLE>

ANNEX IV

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ANNEX V

Mercedes-Benz

The Board

20 December 1994

Commission of the European Communities

Rue de la Loi 200

B-1049 Brussels

Belgium

Case No IV/M.477 - Mercedes-Benz/Kässbohrer

Dear Sirs,

In the event of a decision of compatibility in accordance with Article 8 (2) of Regulation (EEC) No 4064/89 we provide the Commission with the following undertakings:

1. After the acquisition of Karl Kässbohrer Fahrzeugwerke GmbH, Mercedes-Benz will require the former to send to its distributors and service stations in Germany the letters attached in Annexes 1 and 2. By these means it (Mercedes-Benz) will ensure that foreign bus competitors, including their German subsidiaries, can establish long-term contractual relations with the German distribution and service partners of Kässbohrer.

2. Mercedes-Benz will supply on a non-restrictive basis to European bus producers, who do not engage in engine production and who do not also otherwise have legal group-company links with an engine producer, Mercedes-Benz engines for buses sold in the European Economic Area. The conditions of supply will be non-discriminatory as compared with supply to internal bus operations. This is in particular valid for prices, price discounts, delivery times, warranties and maintenance as well as other contractual conditions. Through this other bus manufacturers will be able to neutralize competitive disadvantages they might encounter with the use of other engines for bus supply in the European Economic Aera. Should the undertakings give rise to unforeseen distortions of competition, Mercedes-Benz can examine the undertakings in agreement with the Commission.

Yours faithfully,

The Mercedes-Benz company

(signed)

Dr Gottschalk

(signed)

Zimmer

Annex 1

Letter of Karl Kässbohrer Fahrzeugwerke to distributors in Germany

Distribution Agreement

Dear Sirs,

Under the distribution agreement between you and us, you are only entitled to act for other companies and, in particular, for competitors of the (Mercedes-Benz) group with our approval. Having regard to the positive conclusion of the European Commission in Brussels to the merger control procedure in the case Mercedes-Benz AG/Karl Kässbohrer Fahrzeugwerke GmbH, we inform you that in the future you are also entitled to act, apart from our group, for foreign bus competitors including their German subsidiaries, whether it be in distribution on the basis of a representation or a dealer contract or whether it be in customer service on the basis of a service station contract. This will not change the conditions governing our cooperation. However, we request you to inform us of such a step. In addition, we assume that a possible such activity for a competitor will not impair your organization's performance and efficiency with respect to our products.

Yours faithfully,

Annex 2

Letter of Karl Kässbohrer Fahrzeugwerke to service stations in Germany

Service station contract

Dear Sirs,

Having regard to the positive conclusion of the European Commission in Brussels to the merger control procedure in the case Mercedes-Benz AG/Karl Kässbohrer Fahrzeugwerke GmbH, we would like to confirm that we have no objections if in the future you were to act for foreign bus competitors including their German subsidiaries, whether it be occasionally or whether it be on the basis of a comprehensive service station or service contract. This will not change the conditions governing our cooperation. However, we assume that this will not impair your organization's performance and efficiency with respect to our products.

Yours faithfully,