No L 309/24 Official Journal of the European Communities 2,12, 94 COMMISSION DECISION of 11 November 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.410 — Olivetti-Digital) (Only the English and Italian texts are authentic) (Text with EEA relevance) (94/771/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 the Act of Accession of Spain and Portugal, and in particular Articles 6 and 8 thereof, Having regard to the application for negative clearance or exemption, submitted on 30 July 1992 by Digital Equipment Corporation and Ing. C. Olivetti & C., SpA concerning a series of agreements relating to a cooperation in the computer systems market, Having regard to the summary of the notification published (3) in accordance with Article 19 (3) of Regulation No 17, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS A. Introduction (1) On 30 July 1992, Digital Equipment Corporation (hereinafter ‘Digital’) and Ing. C. Olivetti & C., SpA (hereinafter ‘Olivetti’) notified to the Commission a cooperation agreement in the field of computer systems, for the purpose of obtaining negative clearance or alternatively an exemption pursuant to Article- 85 (3). Digital was to make available to Olivetti its Alpha AXP technology based on its - new RISC (reduced instruction set computer) microprocessor and Olivetti would commit itself to the Alpha AXP technology for all its computer platform offerings and related software except the line of products based on Intel-type microprocessors. Furthermore, Olivetti would purchase computer system products from Digital including but not limited to Alpha AXP products. (") O] No 13, 21. 2. 1962, p. 204/62. () OJ No C 276, 14. 10. 1993, p. 14. 3) (4) Digital, for its part, would continue to purchase from Olivetti personal computers (PCs) for its European operations on the basis of a pre-existing Purchase Agreement, which has not been notified to the Commission. This technological cooperation was accompanied by the acquisition by Digital of approximately 8 % of Olivetti’s share capital (the. ‘Share Purchase Agreement’) and by the proportional representation of Digital on Olivetti’s board of directors (the ‘Shareholders’ Agreement’). The two latter agreements were concluded between Digital and Olivetti’s parent company, CIR. On 24 August 1994, Digital announced that it had sold on the open market all shares it owned in the common stock of Olivetti. Therefore, the ‘Share Purchase Agreement’ and the ‘Shareholders’ Agreement’ have come to an end. According to Digital, its sale of Olivetti shares will not have repercussions on the notified technological cooperation between the parties. In the present decision, the Commission will assess the notified arrangements in their entirety. Obviously, however, the assessment of the ‘Share Purchase Agreement’ and the ‘Shareholders’ Agreement’ refers only to the period for which those agreements were in force. B. The parties Olivetti of Ivrea, Italy, is a worldwide group in the information technology field with a global offering and with focus on personal information devices, notebook computers, laptop computers, personal computers, Intel-based computing platforms, entry-level RISC computers and special and general-purpose impact and non-impact printers. According to published data, in 1992, Olivetti was the second-largest European supplier of computer system products with a revenue of US$ 5762 million, almost 1400 million of which arose from PCs. ‘ Digital of Maynard, Massachusetts, United States of America, is a worldwide group which is principally active in the field of design, manufacture, sale and servicing of networked computer systems, associated peripheral equipment and related network, communications and software products.