31.12. 85 Official Journal of the European Communities No L 369/1 (Act whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 November 1985 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.846 - lvoclar) (Only the German text is authentic) (85/559/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 Article 4 thereof, Having regard to the notification filed on 1 February 1983 by Ivoclar AG, Schaan, Liechtenstein, seeking exemption of its standard exclusive distribution agreement, Having regard to the Commission Decision of 30 October 1984 to initiate proceedings in this case, Having regard to the summary of the notification published (2) in accordance with Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. FACTS 1. On 1 February 1983, Ivoclar AG, of Schaan (Liechtenstein), notified to the Commission a standard exclusive distribution agreement which it intends to apply in all EEC countries. Ivoclar initially (1) O] No 13, 21. 2. 1962, p. 204/62. (2) OJ No C 297, 8. 11. 1984, p. 14. asked for a declaration that the agreement was exempted from Article 85 (1) of the EEC Treaty by Commission Regulation No 67/67/EEC (3). Later it made it clear that if necessary it also applied for exemption by way of individual decision under Article 85 (3) of the Treaty. A. The undertaking 2. Ivoclar AG is a medium-sized firm which, with its subsidiaries, manufactures and sells dental supplies (in particular, artificial teeth made from resin or porcelain, materials for making veneers, prostheses, crowns, bridges and for taking impressions, and dental surgery and laboratory equipment). It supplies through national subsidiaries 25 distributors in the Federal Republic of Germany, 26 in France, a like number in Italy, one each in Belgium, Denmark, the United Kingdom, Ireland and the Netherlands, and two in Luxembourg. It intends to introduce the notified standard exclusive distribution agreement progressively in all EEC countries. It presently applies the notified agreement in the Federal Republic of Germany and in France. 3. Ivoclar claims that its manufacturing processes are based on especially close collaboration with centres of dental research and that its products are of very high quality. This is especially true of its main product line, artificial teeth. Unlike most other suppliers, Ivoclar does not produce its teeth to average patient specifications, but tailors the masticatory surfaces of the teeth and their position in the prosthesis to the individual patient. This involves the use of special () OJ No 57, 25. 3. 1967, p. 849/67.