L59/18 Official Journal of the European Communities 28.2.2002 COMMISSION DECISION of 3 July 2001 relating to a proceeding pursuant to Article 82 of the EC Treaty (Case COMP D3/38.044 — NDC Health/IMS Health: Interim measures) (notified under document number C(2001) 1695) (Only the English text is authentic) (Text with EEA relevance) (2001/165/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty(!), as last amended by Regulation (EC) No 1216/1999 (?), and in particular Articles 3 and 16 thereof, Having regard to the Commission Decision of 8 March 2001 to initiate proceedings in this case, Having given the firm concerned the opportunity to make known its views on the objections raised by the Commission in accordance with Article 19 of Regulation No 1 and Article 2 of Commission Regulation (EC) No 284298 of 22 December 1998 on the hearing of the parties in certain proceedings under Articles 85 and 86 of the EC Treaty (?), Having given the Advisory Committee on Restrictive Practices and Dominant Positions the opportunity to deliver an opinion on 19 June 2001, Whereas: I. THE FACTS 1. THE NATURE OF THE PRESENT DECISION (1)  This Decision provides for interim measures pending a final decision on the application made under Article 3 of Regulation No 17 by National Data Corporation Health Information Services (NDC) of Atlanta, United States of America, alleging that an infringement of Article 82 of the EC Treaty had been committed by IMS Health Incorporated (IMS) of Westport, United States of America. 2. THE UNDERTAKINGS The companies referred to below are all involved in tracking sales in the pharmaceutical industry and in the healthcare products sector. They supply pharmaceutical firms with data on the sales performance of pharmaceut- ical products recorded by pharmacies and on doctors’ prescriptions. IMS Intercontinental Marketing Services Health Inc. (IMS), a US company, is the world’s number one supplier of information to the pharmaceutical and healthcare industry. IMS Health describes itself as ‘the world’s leading provider of information solutions to the pharma- ceutical and healthcare industries’. IMS is active in 100 countries. IMS’ turnover was USD 1,4 billion in 2000 with an increase of 1,9 % compared to 1999. The healthcare activity revenue increased 9,1 % to USD 1,1 billion in 2000 from USD 1 billion in 1999. Operating income for this activity was higher by 3,7 % in 2000, USD 344 315. IMS’ European headquarters are located in London. IMS’ German subsidiary is IMS GmbH & Co. OHG located in Frankfurt am Main.