5.5.2001 Official Journal of the European Communities COMMISSION COMMISSION DECISION of 20 March 2001 relating to a proceeding under Article 82 of the EC Treaty (Case COMP/35.141 — Deutsche Post AG) (notified under document number C(2001) 728) (Only the German text is authentic) (Text with EEA relevance) (2001/354/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, the first, Regulation implementing Articles 81 and 82 of the Treaty ('), as last amended by Regulation (EC) No 1216/1999 of 10 June 1999 (3, and in particular Articles 3 and 15(2) thereof, Having regard to the complaint lodged by United Parcel Service on 7 July 1994, alleging infrigements of Article 82 of the EC Treaty by Deutsche Post AG, and requesting the Commission to put an end to those infringements, Having regard to the Commission Decision of 7 August 2000 to initiate proceedings in the case, Having regard to the Commission Decision of 4 October 2000 to extend the proceedings initiated on 7 August 2000, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission in accordance with Article 19(1) of Regulation No 17 and with Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 81 and 82 of the EC Treaty (%), After consulting the Advisory Committee on Restrictive Practices and Dominant positions, Whereas: I. THE FACTS A. THE COMPLAINT (1) United Parcel Service (UPS’) is a privately owned American corporation with its head office in Atlanta, Georgia. It is one of Deutsche Post AG's main competitors in respect of ‘business-to-busi- ness’ or ‘B-to-B’ parcel services. UPS states that it also provides some mail-order parcel services, the ‘business-to-consumer’ or ‘B-to-C’ parcel services. 0] 13, 21.2.1962, p. 204[62. () O] L 148, 15.6.1999, p. 5. 0] L 354, 30.12.1998, p. 18.