31.12.85 Official Journal of the European Communities No L 376/21 COMMISSION DECISION of 16 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.839 — Sperry New Holland) (Only the English, Dutch and Greek texts are authentic) (85/617/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 (1) and 15 (2) thereof, Having regard to the application for a finding of an infringement submitted on 17 December 1982 pursuant to Article 3 of Regulation No 17, by W. Burns Tractors Ltd of Peebleshire, Scotland, Having regard to the notification on 29 June 1973 pursuant to Article 4 of Regulation No 17 of a form of agreement between Sperry New Holland UK and its dealers, Having regard to the Commission Decision of 5 September 1984 to initiate proceedings in this case, Having given the undertakings concerned the oppor- tunity to make known their views on the objections raised by the Commission, pursuant to Article 19 (1) of Regulation No 17 and 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 (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS The parties 1.  Sperry New Holland is a division of the Sperry Corporation which is a company incorporated in Pennsylvania, USA. The Sperry Corporation’s consolidated revenue for 1984 was approximately US $ 5 000 million of which Sperry New Holland contributed 15 % (US $728,5 million). Sperry New Holland is one of the leading manufacturers (*) OJ No 13, 21. 2. 1962, p. 204/62. (*) OJ No 127, 20. 8. 1963, p. 2268/63. of combine harvesters - and other agricultural machinery. In 1984, which was recognized to be a difficult year for manufacturers of agricultural machinery, Sperry New Holland realized worldwide operating profits of US $ 71,8 million. Its turnover in such machinery in the common market was ... ECU() in 1984 (or ... ECU excluding turnover in the UK). ' 2. The most important Sperry subsidiary operating in the agricultural machinery sector in the Community is Sperry New Holland-Sperry NV (SNH NV) located at Zedelgem in Belgium. SNH NV manufactures inter alia combine harvesters and is responsible for the distribution of Sperry New Holland products in Belgium in accordance with agency agreements concluded with its appointees. 3. SNH NV is also responsible for coordinating the activities of other Sperry New Holland subsidiary companies or Sperry New Holland operating divisions in the Community. These are: (i) Sperry New Holland Division of Sperry Lid, Aylesbury, Bucks, (also responsible for Eire) (SNH UK); (i) Sperry New Holland SA, Paris, France (SNH F); (iii) Sperry GmbH, Geschiftsbereich New Holland, Bielefeld, Germany (SNH D); (iv) Sperry New Holland, Divisione della Sperry SpA, Milano, Italy (SNH I). The abovementioned appoint distributors in their respective territories who then sell Sperry New Holland products directly to farmers. Sperry New Holland, a division of the Sperry Corporation, together with SNH NV and the other subsidiaries mentioned above through which it operates are hereinafter referred to collectively and individually, if not otherwise stated, as SNH. (®) Pursuant to Article 21 (2) of Regulation No 17, business secrets are not published in the Official Journal of the European Communities.