8.4.82 Official Journal of the European Communities No L 94/7 COMMISSION COMMISSION DECISION of 27 November 1981 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.188 — Moét et Chandon (London) Ltd) {Only the French text is authentic) (82/203/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 85 thereof, Having regard to Council Regulaton No 17 of 6 February 1962 (), and in particular Articles 3 and 15 thereof, Having regard to the application submitted to the Commission on 15 September 1980 by Central Wine Buyers (South Leicester) Ltd pursuant to Article 3 of Regulation No 17, Having regard to the Commission Decision of 13 April 1981 to initiate proceedings in this case, Having heard the undertakings and persons concerned in accordance with Article 19 of Regulation No 17 and with Regulation No 99/63/EEC (3), Having regard to the opinion delivered on 14 October 1981 by the Advisory Committee on Restrictive Practices and Dominant Positions in accordance with Article 10 of Regulation No 17, WHEREAS: 1. The present proceedings concern the terms of sale applied by Moét et Chandon (Londen) Ltd to buyers of (1) OJ No 13, 21. 2. 1962, p. 204/62. () O] No 127, 20. 8. 1963, p. 2268/63. champagne. The contain a clause which is tantamount to a ban on exports from the United Kingdom. I. THE FACTS 2. Moét et Chandon (London) Ltd (‘MC’), which is established in the United Kingsdom, is a wholly-owned subsidiary of the French company Moét-Hennessy. MC is engaged primarily in importing into the United Kingdom and distributing there French-produced champagne wines, champagne ratafia and champagne pomace brandies under the brand names Moét et Chandon, Ruinart and Mercier. These products are hereinafter referred to as ‘champagne’. 3. The Moét-Hennessy group has more than 40 subsidiaries established in France and in the major countries of the world. In addition to selling champagne under the aforementioned brand names, its main activities are the production and distribution of cognac (Hennessy) and cosmetics (Christian Dior perfumes, Roc products). Within the Moét et Hennessy group, the French company Champagne Moét et Chandon, of Epernay, also a wholly-owned subsidiary of Moét- Hennessy, is responsible for all the group’s operations involving the production and distribution of champagne. All the members of the ‘conseil d’administration’ (board of directors) of ‘Champagne Moét et Chandon also sit on the corresponding board of Moét-Hennessy. One of them is also on the board of MC. Moét-Hennessy’s aggregate turnover in 1980 was FF 2 923 600 000, with sales of champagne totalling about FF 1000 000 000. About 80 % of these sales