31992D0426
92/426/EEC: Commission Decision of 15 July 1992 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/32.725 - Viho/Parker Pen) (Only the German and English texts are authentic)
Official Journal L 233 , 15/08/1992 P. 0027 - 0032
COMMISSION DECISION of 15 July 1992 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/32.725 - Viho/Parker Pen) (Only the English and German texts are authentic) (92/426/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 15 (2) thereof,
Having regard to the complaint lodged by Viho Europe BV, Maastricht (Netherlands), on 19 May 1988 against Parker Pen Limited, Newhaven (United Kingdom) pursuant to Article 3 (1) of Regulation No 17,
Having regard to the Commission Decision of 21 January 1991 to initiate proceedings,
Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with Article 19 (1) of Regulation No 17 in conjunction with Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (2),
After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
Object of the proceeding
(1) This proceeding relates to obstacles to parallel imports of Parker Pen products from Germany and Italy to the Netherlands. The proceeding was initiated as a result of a complaint lodged by the Dutch undertaking Viho Europe BV on 19 May 1988. This Decision does not relate to the policy of the Parker Pen undertaking to refer enquiries from local customers to the local Parker subsidiary.
The parties
(2) (a) Parker Pen Ltd (Parker), Newhaven, United Kingdom is a leading manufacturer of a variety of writing utensils with a worldwide turnover of £ [ . . . ] (3) (some ECU [ . . . ]) in 1989 as against £ [ . . . ] (some ECU [ . . . ]) in 1988. In 1991, Parker's turnover in the Community was £ [ . . . ] (some ECU [ . . . ]). Some 2 600 persons were employed by Parker worldwide in 1991.
(b) API SpA, Italy, (API), deals essentially in office equipment and maintains a distribution network mainly in Italy. API has been distributing Parker products in Italy since 1949. Its turnover in 1990 amounted to ECU [ . . . ] million, of which some ECU [ . . . ] million was accounted for by Parker products. API is a medium-sized family undertaking with 188 employees. There are no written agreements with Parker.
(c) Herlitz AG, Germany (Herlitz), manufactures a broad range of office supply articles and associated products. It operates at both the wholesale and retail stages. At the retail stage, distribution is carried out through McPaper GmbH and a variety of dependent shops and sales areas ('shop within a shop') in Germany. As part of its business at both the wholesale and the retail stage, Herlitz also distributes the products of other manufacturers.
Herlitz carries out about one third of its business outside Germany. Its turnover in 1988 was DM [ . . . ] (some ECU [ . . . ]). On 18 August 1986, Parker and Herlitz concluded an agreement on the distribution of Parker products in Germany. Article 7 of the agreement prohibits any export without Parker's written consent. The products concerned were Parker writing utensils in the medium-price range, which are sold mostly in department stores.
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