12.3.2002 Official Journal of the European Communities L 69/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 December 2000 relating to a proceeding under Article 81 of the EC Treaty Case COMP.F.1/35.918 — JCB) (Notifications IV-28.694, IV-28.695, IV-28.696, IV-28.697, IV-28.700, 1V-28.702) (Notified under document number C(2000) 3887) (Only the English text is authentic) (2002/190/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 81 and 82 of the Treaty (!), as last amended by Council Regulation (EC) No 12161999 (%), and in particular Articles 3, 15(2) and 16(1) thereof, Having regard to the application for negative clearance and the notification for exemption submitted by JC Bamford Excavators Ltd, pursuant to Articles 2 and 4 of Regulation No 17, of 30 June 1973, Having regard to the complaint lodged on 15 February 1996 by Central Parts SA, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with Article 19(1) of Regulation No 17 read in conjunction with Commission Regulations No 99/63/EEC and (EC) No 2842/98 on the hearings provided for in Article 19(1) and (2) of Council Regulation No 17 (%), Having consulted the advisory Committee on Restrictive Practices and Dominant Positions, () O] 13, 21.2.1962, p. 204/62. () OJ L 148,15.6.1999, p. 5. () O] 127, 20.8.1963, p. 2268/63 and O] L 354, 30.12.1998, p. 18. Whereas: I. FACTS A. INTRODUCTION: GENERAL This case concerns the agreements and practices governing the distribution in the Community of construction and earthmoving equipment and spare parts manufactured and sold by the JCB Group (JCB’ hereinafter, unless a more specific name for a subsidiary is used). Following a complaint regarding JCB's behaviour, the case includes an examination of the agreements notified to the Commission by JCB since 1973. However, the case is limited neither to the complainant's allegations nor to the agreements notified. It also draws on evidence gathered through inspections, requests for information and JCB's factual and legal arguments throughout the procedure. 1. THE COMPLAINT AND THE PROCEDURE On 15 February 1996, Central Parts SA, a company incorporated under French law, lodged a complaint with the Commission. Central Parts was formed in 1984 for the purposes of importing and selling construction and earthmoving machinery. Its headquarters are near Orléans, and it has branches in France at Besangon, Bordeaux and Nimes. Its turnover in 1995 amounted to some FRF 25 million (about ECU 4 million). Its activities focus on equipment manufactured by JCB. The complaint alleged that, from 1987, JCB had taken active steps to prevent Central Parts from obtaining supplies of