No L 114/26 Official Journal of the European Communities 29. 4. 83 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 January 1983 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.735 — Deutsche Castrol Vertriebsgesellschaft mbH) (Only the German text is authentic) (83/205/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 ("), and in particular Article 11 (5) thereof, Whereas : (1) I Deutsche Castrol Vertriebsgesellschaft mbH (Castrol) is a subsidiary of Castro Ltd, of the United Kingdom, whose products it markets in the Federal Republic of Germany. Such products consist of engine oils and lubricants for a wide range of applications, but especially for motor vehicles. The Commission has received a complaint from the proprietor of a motor vehicle repair work- shop who is bound by an agreement with Castrol. The agreement, concluded in 1968, provided that Castrol would make available an interest-free loan of DM 40 000 and workshop equipment valued at DM 15 000. In return the complainant undertook, for a period of 20 years, to purchase from Castrol 80 % of all his requirements of lubricants, amounting to about 5000 litres/kilograms per annum and at least () OJ No 13, 21. 2. 1962, p. 204/62. 100 000 litres/kilograms in total, at the prices from time to time in force. The complainant asserts that this agreement forms part of a network of similar exclusive purchasing agree- ments which Castrol has imposed on the German market. He complains that these agree- ments preclude the firms which have entered into them for a long period not only from ob- taining competing products but also from pur- chasing Castrol products by means of parallel imports at more favourable prices from other Member States. On account of their restrictive effect on competition, the exclusive purchasing agreements are said to be incompatible with Article 85 of the EEC Treaty. As a result of this complaint the Directorate- General for Competition, by a letter of 8 October 1982 referring to the legal basis and the purpose of the request and the penalties for supplying incorrect information, requested Castrol to furnish various information with a view to clarifying the facts. The information requested concerns the market position of the undertaking and its behaviour in the Federal Republic of Germany. Castrol did not reply to this request for information. By a letter of 29 November 1982 the Directorate-General for Competition again requested Castrol to answer the questions asked, but without result. Castrol maintains that the agreement between itself and the complainant cannot infringe Article 85 (1) of the EEC Treaty since it does not affect trade between Member States. Even if