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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-2/39.143 — Opel) (notified under document number C(2007) 4277) (Only the English text is authentic) (2007/836/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, GME seemed to have failed...

    1. In the Commission’s preliminary assessment, GME 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, GME’s service and parts distribution agreements require the...

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

  8. (7) The Commissions preliminary conclusion was that GME’s arrangements for providing...

    1. The Commissions preliminary conclusion was that GME’s arrangements for providing...

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

    1. Moreover, GME’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 9 February 2007 GME offered commitments to the Commission...

    1. On 9 February 2007 GME 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) Recital 26 of the Regulation makes it plain that Article...

    1. Recital 26 of the Regulation makes it plain that Article...

  16. (15) If, in the future, GME were to invoke the exception...

    1. If, in the future, GME were to invoke the exception...

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

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

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

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

  19. (18) As regards the Electronic Parts Catalogue, which is currently not...

    1. As regards the Electronic Parts Catalogue, which is currently not...

  20. (19) As regards wiring diagrams, GME will place on the TI...

    1. As regards wiring diagrams, GME will place on the TI...

  21. (20) As regards access to the TI website, GME agreed to...

    1. As regards access to the TI website, GME agreed to...

  22. (21) GME’s commitments are without prejudice to any current or future...

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

  23. (22) In order to address any complaint raised by an independent...

    1. In order to address any complaint raised by an independent...

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

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

  25. (24) 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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