The notified merger between Siemens AG and Elektrowatt AG is hereby declared compatible with the common market and with the functioning of the EEA Agreement, subject to the condition that the commitment given by the parties and set out in recitals 123 to 132 of this Decision is fulfilled.
The parties shall be required to report to the Commission on the fulfilment of the condition in Article 1 of this Decision.
This Decision is addressed to:
Siemens AG
Wittelsbacherplatz 2
D-80333 MΓΌnchen.
Done at Brussels, 18 November 1997.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 1; corrected version: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1.
(3) OJ C 90, 31.3.1999.
(4) See the Commission Decision of 12 February 1996 in Case No IV/M.692 - Elektrowatt/Landis & Gyr (OJ C 69, 7.3.1996, p. 3). The delineation of the market made in that Decision was confirmed to the greatest possible extent in the course of the investigations in this case both by the parties and by their competitors.
(5) See footnote 4.
(6) OJ C 308, 17.10.1996, p. 4.
(7*) Parts of this text have been edited to ensure that confidential information is not disclosed.
(8) Elektrowatt holds 36 % of the shares in Sauter, but does not have any voting rights. In paragraph 35 of Decision IV/M.692 - Elektrowatt/Landis & Gyr (see footnote 4), it was established that Elektrowatt could not influence the conduct of Sauter.