23. 5. 84 Official Journal of the European Communities , No L 136/9 I1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 May 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.658 — Polistil/Arbois) (Only the French and Italian texts are authentic) (84/282/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 (), as last amended by the Act of Accession of Greece, and in particular Articles 3 and 15 thereof, Having regard to the application for negative clearance and the notification filed jointly by the Italian company Polistii SpA and the French company Arbois-Modelud (‘Arbois’) on 18 May 1982, in accor- dance with Articles 2 and 4 of Regulation No 17, Having decided on 19 May 1983 to open proceedings in the case, Having given the undertakings concerned an opportu- nity to reply to the objections raised against them, in accordance with Article 19 (1) of Regulation No 17 and with Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Articles 19 (1) and (2) of Regulation No 17 (3), Having heard the opinion of the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () O] No 127, 20. 8. 1963, p. 2268/63. Whereas : (1) (4) () I. THE FACTS A French toy distributor reported to the Commis- sion encountering difficulties in importing certain Italian toys into France. The Commission investigated the matter and found that an exclusive distribution agreement existed between Polistil and Arbois. During inspection visits made to the two compa- nies’ premises, pursuant to Article 14 of Regula- tion No 17, on 16 December 1981 and 5 March 1982 respectively the Commission received a copy of this contract. It was signed on 18 January 1978, came into effect on 1 Jjanuary 1979 and expired on 31 December 1983. On 18 May 1982, Polistil and Arbois notified the exclusive distribution agreement to the Commis- sion for negative clearance or exemption under Article 85 (3). The products and the industry concerned The products concerned in the case are the Polistil range of car and motor cycle racing games, in which some of the toy cars and motor cycles are remote-controlled and run around the track on rails or along separate raised lanes.