On Friday 18 July, the European Commission accepted commitments offered by Corning to address concerns about alleged anti-competitive exclusive agreements for the supply of alkali aluminosilicate glass (“alkali AS glass”), a special type of glass mainly used to cover portable electronic devices.
In November 2024 (see EUROPE 13519/23), the Commission opened a formal investigation into concerns that Corning had distorted competition in the global market for “alkali AS glass”. According to its preliminary assessment, Corning is likely to have abused its dominant position on the market for this glass by entering into exclusive supply agreements with original equipment manufacturers (OEMs) of portable electronic devices and with raw glass processors (finishers).
To address the concerns expressed, Corning had proposed certain commitments (see EUROPE 13531/20) on which the Commission consulted interested third parties. In the light of the results of this consultation, Corning modified the undertakings and proposed, among other things:
- to include “Alkali-AS Glass” and “Clear Glass Ceramics” within the scope of the commitments. These commitments do not apply to the agreements between Corning and Apple, as the glass products concerned do not form part of the relevant market;
- to waive all exclusive supply clauses;
- within the European Economic Area: to not specifically require OEMs to purchase or drive their supply chain to purchase such glass from Corning and not to make price benefits conditional on such sourcing requirements;
- worldwide: to not require OEMs to meet, or push their supply chain to meet, more than 50% of their demand from Corning for certain types of glass;
- to base its legal actions solely on the infringement of its patents relating to break-resistant cover glass, which are covered by the undertakings, and not on breach of contract;
- to include a standard anti-circumvention clause, the interpretation of which is specified;
- to send a communication to the main stakeholders explaining the content of the commitments.
These commitments will remain in force for nine years and will apply worldwide. (Original version in French by Camille-Cerise Gessant)