2003/777/EC: Commission Decision of 30 April 2003 declaring a merger to be compatible with the common market and the EEA Agreement (Case COMP/M.2861 — Siemens/ Drägerwerk/ JV) (Text with EEA relevance.) (notified under document number C(2003) 1385)

• Articles: 5

Article 1

The notified concentration by which Siemens AG and Drägerwerk AG are to acquire joint control of Dräger Medical AG & Co. KgaA (the joint venture) within the meaning of Article 3(1)(b) of the Merger Regulation is hereby declared compatible with the common market and with the EEA Agreement.

Article 2

Article 1 shall apply on condition that the commitments offered by Siemens AG and Drägerwerk AG and set out in paragraphs 1, 4, 5 to 9, 13, 14, 15, 23(c) and 35 to 39 of Annex II are complied with in full.

Article 3

This Decision is issued subject to the obligation on Siemens AG and Drägerwerk AG to comply in full with the commitments entered into in paragraphs 2, 3, 10, 11, 12, 16 to 22, 23(a), 23(b), 23(d) to (f), 24 to 34 and 40 to 43 of Annex II.

Article 4

This Decision is addressed to:

Siemens AG

CFL

Wittelsbacherplatz 2 D - 80333 Munich

Drägerwerk AG Moislinger Allee 53-55 D - 23542 Lübeck

Done at Brussels, 30 April 2003.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 1 (corrigendum OJ L 257, 21.9.1990, p. 13).

(2) OJ L 180, 9.7.1997, p. 1.

(3) OJ C 269, 8.11.2003.

(4) Turnover calculated in accordance with Article 5(1) of the Merger Regulation and with the Commission notice on calculation of turnover (OJ C 66, 2.3.1998, p. 25).

(5) Parts of the text have been omitted to ensure that no confidential information is published; they are indicated by square brackets and an asterisk.

(6) Form CO notification, p. 20.

(7) Siemens's reply to the Commission's request for information of 18 February 2003.

(8) Footnote 7, loc. cit.

(9) Information from the market investigation and Siemens's reply to the Commission's request for information of 13 February 2003.

(10) Information from the Commission's market investigation, and information from T for G Market Report 2000: Monitors and Ventilators, section 3.2.

(11) Reply to the Commission's request for information of 20 February 2003.

(12) Siemens's reply to the Commission's request for information of 20 February 2003.

(13) Notification, Form CO, p. 27.

(14) Siemens's reply to the Commission's request for information of 27 January 2003, Annex 1.

(15) Dräger's reply to the Commission's request for information of 20 February 2003.

(16) Parties' replies to the Commission's request for information of 27 January 2003.

(17) Siemens's reply to the Commission's request for information of 20 March 2003.

(18) Replies to the Commission's request for information of 27 January 2003.

(19) Form CO, p. 57.

(20) European Anaesthesia and Respiratory Equipment Markets Report, 2001.

(21) T for G market report: Monitors and Ventilators (December 2000); [...]*.

(22) European Anaesthesia and Respiratory Equipment Markets Report, 2001.

(23) T for G market report: Monitors and Ventilators, December 2000, p. 28.

Schedules & Appendices

ANNEX

The original text of the conditions and obligations under Articles 2 and 3 can be consulted on the following Commission website:

http://europa.eu.int/comm/ competition/index_en.html