1999/459/EC: Commission Decision of 10 February 1999 imposing fines for failing to notify and for putting into effect three concentrations in breach of Articles 4 and 7(1) of Council Regulation (EEC) No 4064/89 (Case IV/M.969 - A. P. Møller) (notified under document number C(1999) 247) (Only the Danish text is authentic) (Text with EEA relevance)

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

Article 1

1. A total fine of EUR 45000 is hereby imposed on A. P. Møller pursuant to Article 14(1)(a) of Regulation (EEC) No 4064/89 for its failure to notify three concentrations in accordance with Article 4 of that Regulation.

2. A total fine of EUR 174000 is hereby imposed on A. P. Møller pursuant to Article 14(2)(b) of Regulation (EEC) No 4064/89 for putting into effect three concentrations in breach of Article 7 of that Regulation.

Article 2

The fines referred to in Article 1 shall be paid to the Commission of the European Communities within three months of the date of notification of this Decision, to account number 310-0933000-43 at the Banque Bruxelles-Lambert, Agence Européenne, Rond-Point Schuman 5, B-1040 Brussels.

Upon expiry of that period, interest shall be automatically payable on the fines at the rate charged by the European Central Bank for transactions in euro on the first working day of the month in which this Decision is adopted, plus 3,5 percentage points.

Article 3

This Decision is addressed to: A. P. Møller Esplanaden 50 DK - 1098 Copenhagen K.

Done at Brussels, 10 February 1999.

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 201, 16.7.1999.

(4) Case IV/M.951 - Cable & Wireless/Maersk Data - Nautec, Commission Decision of 10 July 1997 (OJ C 235, 2.8.1997, p. 4).

(5) Since the transactions were completed before Regulation (EC) No 1310/97 of 30 June 1997 entered into force, reference is made to the wording of Article 7(1) in Regulation (EEC) No 4064/89 as it was prior to 1 March 1998.

(6) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(7) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(8) Turnover calculated in accordance with Article 5(1) of Regulation (EEC) No 4064/89 and the Commission notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25). Where the figures include turnover for the period before 1 January 1999, they are calculated on the basis of average ecu exchange rates and expressed as euro (converted on a one-for-one basis).

(9) See footnote 3.

(10) Reference is made to a letter of 16 July 1997 from Hengeler Mueller Weitzel Wirtz on behalf of A. P. Møller and letters of 22 October 1997 and 22 July 1998 from A. P. Møller as well as A. P. Møller's reply to the statement of objections.

(11) Commission notice on calculation of turnover under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings (OJ C 66, 2.3.1998, p. 25).

(12) See also Case IV/M.920 - Samsung/AST, Commission Decision of 18 February 1998.