The notified concentration by which DaimlerChrysler Services AG and Deutsche Telekom AG are to acquire joint control of Toll Collect GmbH within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 is hereby declared compatible with the common market and with the EEA Agreement.
Article 1 shall apply on condition that the commitments offered by DaimlerChrysler Services AG and Deutsche Telekom AG as set out in paragraphs B I and B II 15 of the Annex are complied with in full.
This Decision is issued subject to the obligation on DaimlerChrysler Services AG and Deutsche Telekom AG to comply in full with the other commitments entered into, as set out in the Annex.
This Decision is addressed to:
DaimlerChrysler AG Epplestraße 225 D - 70546 Stuttgart
Deutsche Telekom AG Friedrich-Ebert-Allee 140 D - 53113 Bonn
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 in OJ L 257, 21.9.1990, p. 13).
(2) OJ L 180, 9.7.1997, p. 1.
(3) OJ C 277, 18.11.2003.
(4) OJ C 277, 18.11.2003.
(5) Bundesgesetzblatt I, No 23, p. 1234.
(6) Parts of the text have been omitted to ensure that no confidential information is published; they are indicated by square brackets and an asterisk.
(7) We are the partners of the transport industry, press release dated 20 September 2002, p. 3.
(8) See footnote 6.
(9) Author's note: Chairman of the Management Board of DaimlerChrysler Services AG.
(10) Frost & Sullivan, European Commercial Vehicle Telematics Markets, 2002, pp. 2-27 to 2-29.
(11) See footnote 9, op. cit., pp. 3-17.
(12) See footnote 9, op. cit., pp. 3-9, 3-12, citing a total of 105000 retrofitted systems as against approximately 8000 systems sold by truck manufacturers.
(13) See footnote 9, op. cit., pp. 2-32.
(14) See footnote 6, op. cit., p. 4.
(15) Press release on CeBIT 2002.
(16) See footnote 6, op. cit., p. 1.
(17) In this connection a press release issued jointly by DaimlerChrysler Services and Cofiroute states that: "The main reason, though, why we took part in the tender was because our system is the only one to offer operators in the freight-haulage industry the potential to work far more effectively, ... DaimlerChrysler is thereby further boosting its standing as a partner of the transport industry". See footnote 6, op. cit., p. 1.
(18) DaimlerChrysler Services showcase innovative mobility and telematics services, 10 September 2002, pp. 2 and 3.
(19) DaimlerChrysler Services Mobility Management (Telematics for all: Truckmatix).
(20) VerkehrsRundschau 46/2002, p. 17.
(21) DaimlerChrysler, Erfassungssysteme für die Lkw-Maut, 2 December 2002, p. 6.
(22) See footnote 6, op. cit., p. 1.
(23) See footnote 9, op. cit., p. 2-25.
(24) See the study submitted by the Parties entitled European Telematics Industry, Commerzbank, 8 May 2001, p. 3, in which the market potential in Europe up to 2005 is estimated at EUR 2 billion; the Frost & Sullivan study referred to in footnote 9, pp. 2-27 to 2-29, puts the market potential in Europe at around EUR 4,7 billion in 2009.
(25) See footnote 19, op. cit., p. 18.
(26) See paragraph 12 of the Commission Notice on remedies acceptable pursuant to Regulation (EEC) No 4064/89 and Commission Regulation (EC) No 447/98 (OJ C 68, 2.3.2001, p. 3).
ANNEXSupplementary provisions
The full original text of the conditions and obligations referred to in Articles 2 and 3 may be consulted on the following Commission website:
http://europa.eu.int/comm/ competition/index_en.html