23. 1. 85 Official Journal of the European Communities No L 19/17 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.299 — Grohe’s distribution system) (Only the German text is authentic) (85/44/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 ('), as last amended by the Act of Accession of Greece, and in particular Articles 2, 3 and 6 thereof, Having regard to the notification to the Commission on 12 February 1981 by Friedrich Grohe Armaturenfa- brik GmbH & Co. Hemer, Federal Republic of Germany, pursuant to Article 4 of Regulation No 17, of an EEC-wide dealership agreement for which it sought negative clearance or an exemption under Article 85 (3) of the Treaty, Having decided on 6 July 1983 to open proceedings in the case, Having given the undertaking concerned the opportu- nity to reply to the objections raised by the Commis- sion pursuant to Article 19 (1) of Regulation No 17 and 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 (%), Having heard, pursuant to Article 19 (2) of Regulation No 17 and Commission Regulation No 99/63/EEC, the views of the Bundesverband des Sanitir- () OJ No 13, 21. 2. 1962, p. 204/62. () O] No.127, 20. 8. 1963, p. 2268/63. Fachhandels eV, Bonn, the Zentralverband Sanitir, Heizung, Klima, St Augustin, and the Bundesverband der Selbstbedienungs-Warenhauser eV, Bonn, Having consulted the Advisory Committee on Restric- tive Practices and Dominant Positions, Whereas : I. THE FACTS A. Friedrich Grohe (1)  Friedrich Grohe Armaturenfabrik GmbH & Co. (Grohe), which has its registered office in Hemer, Federal Republic of Germany, manufac- tures fittings for plumbing systems. The Grohe range of plumbing fittings is very wide and Grohe distributes them in all EEC countries through a network of wholesalers specializing in plumbing fittings and sanitary ware. In 1983 Grohe had a turnover within the EEC of ... million ECU (®). Grohe is a well-known and leading brand of plumbing fittings and the firm supplies the majority of plumbing and sanitary ware wholesalers in the EEC. (20  According to its own estimates, Grohe’s share (by value) of the plumbing fittings market for the year 1983 was ... in the Federal Republic of (*) Pursuant to Article 21 (2) of Regulation No 17, business secrets are not published in the Official Journal.