<quote>

"If IBM were to breach its commitments, the Commission could impose a fine of 
up to 10 per cent of IBM's total turnover without having to prove a violation 
of EU competition rules."

</quote>

Without needing to prove anything was done wrong?  NO room for abuse there, is 
there?

Rex


-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[email protected]] On Behalf 
Of Roger Bowler
Sent: Thursday, October 04, 2012 8:43 AM
To: [email protected]
Subject: Re: Has anyone taken out hardware support for z196 from anyone other 
than IBM

On Wed, 3 Oct 2012 12:04:38 -0500, Peter Gammage 
<[email protected]> wrote:
>We currently have IBM Mainframe Hardware maintenance through a 3rd
>party and are considering options for how we do hardware maintenance of
>the next upgrade (z196 or z12 are most likely).
>So far have been unable to source hardware support for these from
>anyone other than IBM.

According to last year's ruling by the European Commission, IBM are obliged "to 
make spare parts and technical information swiftly available, under 
commercially reasonable and non-discriminatory terms, to independent mainframe 
maintainers."

http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/1539

It will be interesting to know how this will work out in practice. The EC press 
release goes on to say "If IBM were to breach its commitments, the Commission 
could impose a fine of up to 10 per cent of IBM's total turnover without having 
to prove a violation of EU competition rules." That would be quite a hefty fine.

Regards,
Roger Bowler
Hercules "the people's mainframe"

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