Article 2
This Decision is addressed to: AlliedSignal Inc. 101 Columbia Road PO Box 1087 Morristown New Jersey 07962-1087 USA and Honeywell Inc. Honeywell Plaza PO Box 524 Minneapolis Minnesota 55440-0524 USA Done at Brussels, 1 December 1999. For the Commission Mario Monti 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 L 95, 27.4.1995, p. 47. (4) OJ C 164, 7.6.2001. (5) Turnover calculated in accordance with Article 5(1) of the Merger Regulation and the Commission notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25). Where figures include turnover for the period before 1 January 1999, they are calculated on the basis of average ecu exchange rates and converted into euro on a one-for-one basis. (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) Europe: an ACAS is mandatory by 1 January 2000 for all aircraft with more than 30 seats or weighing more than 15000 kg cargo and by 1 January 2005 for all aircraft with more than 19 seats or carrying more than 5700 kg. USA: an ACAS (called TCAS II), which provides audible resolution guidance, has been mandatory for all passenger aircraft in excess of 30 seats since 1993. A TCAS I (i.e. an ACAS without audible resolution guidance) has been mandatory since 1995 for passenger aircraft with more than 10 seats. (9) For example Case IV/M. 697 - Lockheed Martin/Loral Corporation, Commission Decision of 27 March 1996 (OJ C 314, 24.10.1996, p. 9); Case IV/M.290 - Sextant/BGT-VDO, Commission Decision of 21 December 1992 OJ C 9, 14.1.1993, p. 3). (10) The parties have provided information that Universal has in fact already sold its TAWS to an Indonesian (regional) airline company. However, type certification still has to be obtained. (11) In this regard, an example provided by the parties may serve as an illustration: the parties have submitted a contract which shows that for previous integration of the EGPWS with a Honeywell display-product (EFIS-display), AlliedSignal had to pay a considerable amount of money to Honeywell to obtain the technical specification of the EFIS, so that it could make the EGPWS compatible. Now, these costs would fall away, to the detriment of competitors of EGPWS, which either would not obtain the specifications or would have to pay large amounts of money for them. (12) The ADIRU developed jointly by Sextant and Litton has obtained half of the orders on new Airbus aircraft. On FMS, Sextant is developing, together with Smiths, a new FMS for Airbus aircraft and they have secured two thirds of the orders for new aircraft. (13) The parties have also submitted undertakings to the United States Department of Justice (DoJ). These commitments are the same as the ones submitted to the Commission, with two exceptions: the undertakings on TAWS are not included, but a divestiture of the parties' overlapping activities as regards their space and military activities is foreseen. In particular the parties have undertaken to divest AlliedSignal's Teterboro Space and Navigation business (gyroscopes and navigation and pointing systems), its Cheshire Operations (IMU and gyroscopes), and its MicroSCIRAS Technology.