21.1.2003 Official Journal of the European Communities L 15/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COMPJE - 1/37.919 (ex 37.391) — Bank charges for exchanging euro-zone currencies — Germany) (notified under document number C(2001) 3693) (Only the German text is authentic) (2003/25/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, First Regulation implementing Articles 85 and 86 of the Treaty (!), as last amended by Regulation (EC) No 12161999 (?), and in particular Articles 3 and 15(2) thereof, Having regard to the Commission decision of 1 August 2000 to initiate proceedings in this case, Having given the undertakings and associations of undertakings concerned the opportunity to make known their views on the objections raised by the Commission pursuant to Article 19(1) of Regulation No 17 and Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (3), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Having regard to the final report of the Hearing Officer in this case, Whereas: (*) Confidential information has been deleted; it is replaced by square brackets and marked by an asterisk. () O] 13, 21.2.1962, p. 204. () O] L 148, 15.6.1999, p. 5. () O L 354, 30.12.1998, p. 18. A. INTRODUCTION (1)  This Decision concerning an infringement of Article 81 of the EC Treaty is addressed to the following undertakings: — Commerzbank AG, — Dresdner Bank AG, — Bayerische Hypo- und Vereinsbank AG, — Deutsche VerkehrsBank AG, — Vereins- und Westbank AG. (2)  The banks participating in the meeting of 15 October 1997 at Deutsche Verkehrsbank AG in Frankfurt am Main agreed to a commission of about 3% for the buying and selling of euro-zone banknotes during the three-year transitional period beginning on 1 January 1999. The purpose was to recover about 90 % of the ‘exchange margin’ income after the abolition of the ‘spread’ (i.e. buying and selling rates) on 1 January 1999. B. THE RELEVANT PRODUCT AND TRADE BETWEEN MEMBER STATES 1. The relevant product market (3)  On 1 January 1999, the euro was introduced as the European single currency. The twelve participating