No L 314/34 Official Journal of the European Communities 10. 11. 82 COMMISSION DECISION of 29 October 1982 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.517 — Amersham Buchler (Only the English and German texts are authentic) (82/742/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 Regulation No 17 of 6 February 1962 ('), and in particular Articles 6 and 8 thereof, ‘ Having regard to the notification and application for negative clearance made to the Commission on 21 December 1981 by Amersham International Ltd on behalf of that company and of Buchler GmbH concer- ning the formation of a joint venture company, Having regard to the publication of the summary of the notification (?), -pursuant to Article 19 (3) of the said Regulation No 17 to which no observations from third parties were received by the Commission, Having regard to the opinion of the Advisory Committee on Restrictive Practices and Dominant Positions delivered on 7 September 1982 in accor- dance with Article 10 of the said Regulation No 17, Whereas : I. THE FACTS A. THE AGREEMENTS 1. On 21 December 1981, Amersham International Ltd (Amersham), an English company, notified the following agreements : (1) Company Contract of Amersham Buchler GmbH & Co. KG of 16 August 1971, super- seded by Company Contract of Amersham Buchler GmbH & Co. KG of 29 November 1974 ; (2) Company Contract of Amersham Buchler GmbH of 16 August 1971, amended on 20 December 1971, superseded by Company (") Official Journal Special Edition 1959—1962, p. 87. () OJ No C 110, 1. 5. 1982, p. 3. Contract .of Amersham Buchler GmbH of 18 December 1972 (3) Contract between Buchler & Co. and Amer- sham Buchler GmbH & Co. KG of 13 October 1971, superseded by Contract between The Radiochemical Centre Ltd (TRC Ltd), The Radiochemical Centre GmbH (TRC GmbH), Buchler & Co. KG and Amersham Buchler GmbH & Co. KG of 20 December 1978 ; and —_ > Exclusive distributorship agreement between The Radiochemical Centre Ltd and Amersham Buchler GmbH & Co. KG of 20 December 1978. The agreements under (1) and (2) were made for the founding of a joint venture company named Amersham Buchler GmbH & Co. KG, with Amer- sham Buchler GmbH being the unlimited liability partner. ) The agreements under (3) provide that the joint venture should buy Buchler’s radioactive product business and that it should receive know-how and expertise from Amersham and Buchler. By the agreement under (4), the joint venture is appointed the exclusive distributor of Amersham for the Federal Republic of Germany including West Berlin. With respect to these agreements, Amersham made an application to the Commission for nega- tive clearance, or, failing that, an exemption under Article 85 (3). 2. The joint venture was formed jointly by: (a) TRC GmbH, a 100 % subsidiary of Amersham (formerly TRC Ltd); and (b) Buchler GmbH (formerly Buchler GmbH & Co. KG). TRC GmbH holds 60 % and Buchler holds 40 % of the capital of the joint venture. The agreements have the object of establishing a joint venture for the manufacture and marketing of radioactive material and products, and in particular of radio- chemical products for research purposes, radio- pharmaceutical products, and radiation sources.