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Commission Decision of 13 September 2007 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/E-2/39.142 — Toyota) (notified under document number C(2007) 4273) (Only the English text is authentic) (2007/831/EC)

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  1. Introductory Text

  2. (1) This Decision adopted pursuant to Article 9(1) of Council Regulation...

    1. This Decision adopted pursuant to Article 9(1) of Council Regulation...

  3. (2) Technical information consists of data, processes and instructions which are...

    1. basic parameters (documentation of all reference values and set points...

  4. (3) In December 2006, the Commission opened proceedings, and addressed a...

    1. In December 2006, the Commission opened proceedings, and addressed a...

  5. (4) In the Commission’s preliminary assessment, Toyota seemed to have failed...

    1. In the Commission’s preliminary assessment, Toyota seemed to have failed...

  6. (5) That preliminary assessment found that the relevant markets affected by...

    1. That preliminary assessment found that the relevant markets affected by...

  7. (6) In essence, Toyota’s service and parts distribution agreements require the...

    1. In essence, Toyota’s service and parts distribution agreements require the...

  8. (7) The Commission’s preliminary conclusion was that Toyota’s arrangements for providing...

    1. The Commission’s preliminary conclusion was that Toyota’s arrangements for providing...

  9. (8) Moreover, Toyota’s apparent failure to provide independent repairers with appropriate...

    1. Moreover, Toyota’s apparent failure to provide independent repairers with appropriate...

  10. (9) Finally, the Commission came to the preliminary view that in...

    1. Finally, the Commission came to the preliminary view that in...

  11. (10) On 22 January 2007, Toyota offered commitments to the Commission...

    1. On 22 January 2007, Toyota offered commitments to the Commission...

  12. (11) According to those commitments, the principle determining the scope of...

    1. According to those commitments, the principle determining the scope of...

  13. (12) The commitments specify that ‘technical information’ within the meaning of...

    1. The commitments specify that ‘technical information’ within the meaning of...

  14. (13) Access to tools includes access to electronic diagnostic and other...

    1. Access to tools includes access to electronic diagnostic and other...

  15. (14) The commitments shall bind Toyota and its connected undertakings but...

    1. The commitments shall bind Toyota and its connected undertakings but...

  16. (15) According to recital 26 of Regulation (EC) No 1400/2002, Toyota...

    1. According to recital 26 of Regulation (EC) No 1400/2002, Toyota...

  17. (16) Article 4(2) of Regulation (EC) No 1400/2002 provides that technical...

    1. Article 4(2) of Regulation (EC) No 1400/2002 provides that technical...

  18. (17) In line with this principle, the commitments specify that Toyota...

    1. In line with this principle, the commitments specify that Toyota...

  19. (18) As regards technical information concerning models launched by Toyota as...

    1. As regards technical information concerning models launched by Toyota as...

  20. (19) The commitments specify that Toyota’s access fee structure for the...

    1. The commitments specify that Toyota’s access fee structure for the...

  21. (20) Toyota’s commitments are without prejudice to any current or future...

    1. Toyota’s commitments are without prejudice to any current or future...

  22. (21) Toyota has committed itself to implement a specified complaint handling...

    1. Toyota has committed itself to implement a specified complaint handling...

  23. (22) According to this procedure, following initial notification, the national marketing...

    1. According to this procedure, following initial notification, the national marketing...

  24. (23) This arbitration will be governed by the respective national rules...

    1. This arbitration will be governed by the respective national rules...

  25. (24) The Decision finds that, in view of the commitments, there...

    1. The Decision finds that, in view of the commitments, there...

  26. (25) The Advisory Committee on Restrictive Practices and Dominant Positions issued...

    1. The Advisory Committee on Restrictive Practices and Dominant Positions issued...

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