31985D0617

85/617/EEC: Commission Decision of 16 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.839 - Sperry New Holland) (Only the English, Greek and Dutch texts are authentic)

Official Journal L 376 , 31/12/1985 P. 0021 - 0028

COMMISSION DECISION of 16 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.839 - Sperry New Holland) (Only the English, Dutch and Greek texts are authentic) (85/617/EEC)

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Article 1

The agreements between Sperry New Holland and its customers in the common market, including its national distributors in the Netherlands and Greece - Van Driel and Condellis - is written or applied, with the object or effect of prohibiting, discouraging or penalizing and requiring the prohibition, discouragement or penalization of trading by a customer outside the Member State in which the customer is established have constituted an infringement of Article 85 (1) of the Treaty establishing the European Economic Community.

Article 2

An exemption under Article 85 (3) of the EEC Treaty for the agreements covered by the notification of 29 June 1973 is hereby refused.

Article 3

To the extent that this has not already been done, the undertakings shall bring the infringements as mentioned in Article 1 to an end forthwith and shall refrain from taking any measure having the same object or effect.

Article 4

In respect of the infringements set out in Article 1 other than those covered by the notification of 29 June 1973, a fine of 750 000 ECU, that is Bfrs 33 604 200, is hereby imposed on Sperry New Holland - Sperry NV. This fine shall be paid within three months of the date of notification of this Decision into the account of the Commission of the European Communities with Kredietbank, Agence Schuman, 2 rond-point Schuman, B-1040 Brussels (account No 426-4403001-52).

Article 5

This decision is addressed to:1. P. J. Condellis SA125 OrfeosstreetRoufPO box 91GR - Athens2.Sperry New Holland - Sperry NVLeon Claesstraat 3AB-8210 Zedelgem3.G. W. Van Driel en Van DorstenPO box 1Stationsweg 17NL-2130 XC Hoofddorp This Decision shall be enforceable pursuant to Article 192 of the EEC Treaty.

Done at Brussels, 16 December 1985. For the Commission Peter SUTHERLAND Member of the Commission

(1) OJ No 13, 21. 2. 1962, p. 204/62.

(2) OJ No 127, 20. 8. 1963, p. 2268/63.

(3) Pursuant to Article 21 (2) of Regulation No 17, business secrets are not published in the Official Journal of the European Communities.

(1) OJ No L 35, 7. 2. 1985, p. 58.

(2) OJ No 57, 25. 3. 1967, p. 849/67.

(3) OJ No 35, 10. 5. 1962, p. 1118/62.

(4) OJ No L 95, 9. 4. 1976, p. 1.