Commission seeks public comment on Siemens and Areva’s remedies for nuclear reactor JV

Areva and Siemens have offered remedies to stop the European Commission’s probe into non-compete contractual clauses related to their nuclear reactor joint venture Areva NP. The Commission is concerned that a non-compete obligation that affects nuclear technology markets is an anticompetitive agreement in violation of Article 101 of the TFEU. A preliminary assessment found the non-compete clause to be excessive, and furthermore, that it breaches EU antitrust rules in its entirety as applied to Siemens’ exit from the joint venture.

The remedies would limit Siemens’ exploitation of Areva technology by revising the non-compete and confidentiality obligations. According to the Commission, the changes would “reduce both the product scope and the duration of the non-compete obligation.” The non-compete and confidentiality obligations would be constrainted to a three-year period following Siemens’ exit. There would be no non-compete or confidentiality obligation for non-core Areva NP products and services. The original obligations were to be in place for up to 11 years after Siemens’ exit, then was reduced to four years after a 2011 arbitration court ruling.

The European Commission seeks comment from interested parties on Areva and Siemens’ obligations.

Full content: EC Press Release

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