4.9.98 Official Journal of the European Communities L 246/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 March 1998 relating to a proceeding under Articles 85 and 86 of the EC Treaty (Case Nos IV/34.073, IV/34.395 and 1V/35.436 Van den Bergh Foods Limited) (notified under document number C(1998) 292) (Only the English text is authentic) (98/531/EC) THE COMMISSION OF THE EUROPEAN COMMUNTIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty(!), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 3(1) thereof, Having regard to the applications lodged under Article 3(2) of Regulation No 17 by Masterfoods Limited and Valley Ice Cream (Ireland) Limited against Van den Bergh Foods Limited, formerly HB Ice Cream Limited, alleging that they are being hindered, in restraint of competition, in selling their ice-cream products in Ireland, Having regard to the Commission Decision of 29 July 1993 to initiate proceedings in this case, Having regard to the application for negative clearance/excemption lodged pursuant to Article 4(1) of Regulation No 17 by Van den Bergh Foods Ltd on 9 March 1995 for its distribution arrangements for impulse ice-cream products in Ireland, () OJ 13, 21.2.1962, p. 204/62. Having given the undertaking concerned, pursuant to 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(?), the opportunity of being heard on the matters to which the Commission has taken objection, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. INTRODUCTION (1) This Decision relates to the arrangements by Van den Bergh Foods Limited, formerly known as HB Ice Cream Limited, (hereinafter ‘HB’) for the distribution of its impulse ice-cream products in Ireland. HB pursues a policy under which it makes freezer cabinets available to retail outlets stocking its ice-cream products on the basis of cabinet exclusivity. (%) OJ 127, 20.8.1963, p. 2268/63.