Article 2
This Decision is addressed to: MAN Nutzfahrzeuge AG Dachauer Straße 667 D - 80995 München. Done at Brussels, 20 June 2001. 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 L 106, 3.5.2001. (4) Turnover was calculated on the basis of Article 5(1) of the Merger Regulation and the Commission notice on calculation of turnover (OJ C 66, 2.3.1998, p. 25). Pursuant to Article 5(4)(c) and (d) of the Merger Regulation, the turnover of the parent company MAN AG and of the other subsidiaries of the MAN group were added to the turnover of MAN Nutzfahrzeuge AG; in calculating the turnover of Auwärter, the turnover of Auwärter's associate companies was similarly taken into account. (5) OJ L 61, 2.3.1998, p. 1. (6) OJ L 211, 6.9.1995, p. 1 (recital 9 and following). (7) OJ L 143, 29.5.2001, p. 74 (recital 214 and following). (8) Pursuant to Article 3(1) of Common Position (EC) No 50/2000 adopted by the Council on 28 September 2000 (OJ C 370, 22.12.2000, p. 1), vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat are to be made accessible for people with reduced mobility including wheelchair users according to the technical provisions laid down therein. (9) Commission Decision of 14 February 1995, recital 39 (see footnote 6). (10) Commission Decision of 14 March 2000, recitals 248 and 259 (see footnote 7); confirmed by the Commission Decision of 1 September 2000 in Case COMP/M.1980 - Volvo/Renault (OJ C 301, 21.10.2000, p. 23), recital 28. (11) See in particular Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ L 199, 9.8.1993, p. 1) and Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 199, 9.8.1993, p. 84). (12) Particular mention should be made of the role played by the Association of German Transport Undertakings (Verband Deutscher Verkehrsunternehmen - VDV), Cologne, which influences the purchasing behaviour of its members by issuing recommendations, for example on the design of the driver's workstation. (13) See footnote 11. (14) See the Commission decision of 3 April 2001 in Case COMP/M.2139 - Bombardier/ADtranz (recital 39), OJ L 69, 12.3.2002, p. 50. (15) See Commission Decision 97/25/EC of 18 October 1995 in Case IV/M.580 - ABB/Daimler-Benz, OJ L 11, 14.1.1997, p. 1 (in particular recital 89) and the Commission Decision of 28 June 2000 in Case COMP/M.1741 - MCI Worldcom/Sprint (at recitals 257 to 302, and in particular at recital 263), not yet published. (16) See, for example, Commission Decision 92/553/EEC of 22 July 1992 in Case IV/M.190 - Nestlé/Perrier, OJ L 356, 5.12.1992, p. 1 (in particular at recital 124) and Commission Decision 97/26/EC of 24 April 1996 in Case IV/M.619 - Gencor/Lonrho, OJ L 11, 14.1.1997, p. 30 (in particular recital 186). (17) See also the Decision MCI Worldcom/Sprint (see footnote 15), recitals 257 to 302, and in particular recital 263. (18) Fewer than 10 % of the larger transport undertakings with at least 100 buses taking part in the market investigation operate purely single-make fleets. (19) In more than 90 % of the mixed fleets surveyed Evobus and MAN are the two strongest manufacturers. Auwärter is among the top two brands in less than 10 % of the mixed fleets. (20) Thus, according to the information in the Commission's possession, many buses are painted with large advertisements which can be transferred to a new bus only at considerable expense. (21) This period varies as a rule between eight and 10 years depending on the Land. The useful economic lifetime of a city bus can, however, be anything up to 15 years, which means that bus companies have a sizeable window of up to seven years in which to procure replacements. (22) Talks are, for example, taking place about a merger between the Cologne and Bonn municipal bus companies. As far as purchasing cooperatives are concerned, the municipal bus companies of Dortmund, Bochum, Herne and Castrop-Rauxel together with the Vestische Straßenbahnen bus company have, for example, been issuing joint invitations to tender since 1998 (Eastern Ruhrgebiet Cooperative Association); the municipal bus companies of Wuppertal, Hagen, Solingen and Remscheid (Bergischer Bus) are doing likewise. (23) The planned reform of the Community provisions on public passenger transport can be expected to speed up considerably the formation of sizeable bus companies operating in more than one municipality. In particular, there are plans to amend Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ L 156, 28.6.1969, p. 1), as last amended by Regulation (EEC) No 1893/91 (OJ L 169, 29.6.1991, p. 1). The Commission's proposal for an amendment provides, inter alia, for an obligation to put municipal public passenger transport services out to tender, requiring existing suppliers to compete with other suppliers (see Proposal for a Regulation of the European Parliament and of the Council on action by Member States concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway of 26 July 2000, COM(2000) 7 final, OJ C 365 E, 19.12.2000, p. 169). (24) See, for example, VDV documents Nos 230, "Outline recommendations for low-floor city buses" of June 1994 and 234, "Drivers' workstations in low-floor buses" of June 1996 (current version dating from October 2000). (25) See the Decision MCI Worldcom/Sprint (see footnote 15), recital 258 and following. (26) See the Commission decision of 29 September 1999 in Case IV/M.1383 - Exxon/Mobil (recital 474 of the provisional public version). (27) See the Decision Exxon/Mobile (recital 476 of the provisional public version, see footnote 26). On the importance of cost structures, see the Decision Nestlé/Perrier (see footnote 16, recital 63). (28) The figures relate to MAN's financial year (which begins on 1 July and ends on 30 June of the following year). (29) The figures relate to MAN's financial year (which begins on 1 July and ends on 30 June of the following year). (30) See footnote 1 in Table 1 (recital 24). (31) MAN's financial year 1999/2000 began on 1 July 1999 and ended on 30 June 2000. (32) As regards the price consciousness of private bus operators in particular, see the Decision Mercedes-Benz/Kässbohrer (see footnote 6), recital 51. (33) These include the Belgian company Van Hool N.V., the Dutch manufacturers Autobusfabriek BOVA B.V. and Berkhof Jonckheere, the Swedish manufacturers Volvo Bus Corporation and Scania AB, and Irisbus (see footnote 1 of Table 1), recital 24. (34) Decision Mercedes-Benz/Kässbohrer (see footnote 6), recital 62. (35) All the figures are for 1999.