No L 35/58 Official Journal of the European Communities 7.2.85 COMMISSION DECISION of 14 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.809 — John Deere) (Only the Danish, Dutch and English texts are authentic) (85/79/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euro- pean Economic 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 Greece, and in particular Articles 2, 3 (1) and 15 (2) thereof, Having regard to the complaint of 3 September 1982 filed with the Commission pursuant to Article 3 of the said Council Regulation by the National Farm- ers Union, Having regard to the application of 12 November 1982 filed with the Commission pursuant to Article 2 of the said Council Regulation. concerning Article 13 of the General Conditions of Sale by John Deere Vertrieb Deutschland to its local dealers, Having regard to the Commission Decision of 8 August 1983 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, pursuant to Article 19 (i) and (2) of Regulation No 17 and Com- mission 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 (?), After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: (') OJ No 13,21.2. 1962, p. 204/62. () OJ No 127,20. 8. 1963, p. 2268/63. (1) (2) I. THE FACTS The parties Deere and Company is incorporated under the law of the State of Delaware in the United States of America. Its registered office is at John Deere Road, Moline, Illinois, 61265 (USA). It has its European Office at Steuben- stralBe 36, Postfach 503, D-6800 Mannheim. It sells and distributes in some Member States of the Community through a number of branches or wholly owned subsidiary com- panies which appoint independent local dealers; in other Member States it appoints independent national dealers which, in their turn, themselves appoint independent local dealers. Within the common market, Deere and Com- pany trades under the following names: (1) John Deere Export — the division (located in Moline) which manages its relations with independent national dealers; (2) John Deere Vertrieb Deutschland — the German branch which deals with local dealers in Germany; (3) John Deere Italiana — the similar Italian branch; (4) John Deere SA — the subsidiary in France — which deals with local dealers in France; (5) John Deere Ltd — the similar UK subsi- diary. John Deere Export reports to a Deere and Company Vice-President Export located in Moline and the other branches and subsidi- aries report to a Vice-President Europe, Africa, Middle East located in Mannheim (both also responsible as their titles imply for operations outside the Community). These