31.12.85 Official Journal of the European Communities No L 376/29 COMMISSIQN DECISION of 18 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.739 — Siemens/Fanuc) (Only the English and German texts are authentic) (85/618/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, 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 the Act of Accession of Greece, and in particular Article 3 (1), Having regard to the Commission Decision of 10 December 1982 to initiate proceedings in this case, Having given the undertakings concerned the oppor- tunity to make known their views on the objections raised by the Commission, in accordance with Article 19 (1) of Regulation No 17 and Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regu- lation No 17 (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS The undertakings 1. Fanuc Itd is a Japanese undertaking. It was formerly known as Fujitsu Fanuc Ltd, having been set up by Fujitsu Lid in 1972 to conduct the business of its computer control division. Fujitsu Ltd owns 44,8 % of Fanuc’s shares, Siemens AG owns 5,1 % (®) and others own 50,1 %. Fanuc’s () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. (*) It has recently been announced that Siemens has sold most of its shares in Fanuc. turnover in numerical controls in 1984/1985 was yen ... (‘) world-wide and yen ... in the EEC. Fanuc has established several subsidiaries .in the EEC: Germany (1976), France (1978), United Kingdom (1980). These subsidiaries were set up to service and maintain Fanuc NCs sold with machine tools into which they had been incorporated. outside the EEC. In addition, Fanuc Mechratronics SA (Luxembourg) has now been established as a manufacturing facility. 2.  Siemens AG is an undertaking incorporated in the Federal Republic of Germany with its head office in Munich. In 1984, Siemens’ group turnover was DM .... Siemens’ turnover in numerical controls in 1983 was DM ... world-wide and DM ... in the EEC. In 1979, Siemens’ market share for numerical controls was 45 % in Germany, 8 % in Italy, 12 % in France and 10 % in the United Kingdom. Siemens produces a wide range of numerical controls which, in recent years at least, covers most customers’ requirements. The product 3. Numerical controls (NCs) are special-purpose computers used mainly in the machine-tool industry. They control the sequence of motions and operations of a machine-tool. The installation of the NC frequently requires extensive preparatory engineering and programming in close cooperation between the NC manufacturer or distributor and the purchaser. According to Siemens, an NC can amount to between 6 % and 18 % of the total cost of the machine-tool. (“) Certain figures have been omitted in the published version of the Decision pursuant to Article 21 (2) of Regulation No 17.