30. 3. 85 Official Journal of the European Communities No L 92/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/26.870 ~ Aluminium imports from eastern Europe) (Only the Dutch, English, French, German and Italian texts are authentic) (85/206/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 (1), as last amended by the Act of Accession of Greece, and in particular Articles 3 and 5 thereof, Having regard to the notification of 1970 pursuant to Article 4 of Regulation No 17, Having regard to the Commission Decision of 16 August 1978 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 (1) of Regulation No 17 and to 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 (2), After consultation within the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: () OJ No 13, 21. 2. 1962, p. 204/62. (2) O] No 127, 20. 8. 1963, p. 2268/63. I. THE FACTS 1. +  The agreements 1.1. Introduction The arrangements concerned in these proceedings confined the sales of primary and eventually other aluminium by the foreign trade organization of the USSR, Poland, Hungary, Czechoslovakia and the German Democratic Republic to a group of western primary aluminium producers. In return for the purchase by the western parties of primary aluminium ingot, the foreign trade organizations undertook, with a few limited exceptions, not to sell aluminium (whether ingot, scrap, secondary or semi-manufactures) to other prospective purchasers in the western world, from 1963 ‘to 1976. The operation of the agreements involved the entire primary aluminium industry of the EEC and most of that of western Europe, and involved the policing of exports to the EEC, the EFTA countries, the United States of America and South America and the diversion of certain tonnages of ingot from the EEC to Turkey and Japan. From 1963, first an English company, Brandeis Goldschmidt and Co. Ltd, and later its Swiss subsidiary, Brandeis Goldschmidt and Co. AG (3), entered into a series of purchasing agreements with (3) Unless separate reference is needed, these two companies are hereinafter referred to without distinction as ‘Brandeis Goldschmidt’.