17.11.2001 Official Journal of the European Communities L 302/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 May 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty Cases: 1V[36.957[F3 Glaxo Wellcome (notification), IV[36.997F3 Aseprofar and Fedifar (com- plaint), IV/37.121/F3 Spain Pharma (complaint), IV/37.138/F3 BAI (complaint), IV/37.380/F3 EAEPC (complaint) (notified under document number C (2001) 1202) (Only the English text is authentic) (Text with EEA relevance) (2001/791/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 Regulation (EC) No 1216/ 1999 (3, in particular Articles 3 and 6 thereof, Having regard to the Commission of 13 July 1999 to initiate proceedings in this case, Having given the undertaking concerned the opportunity to make known its views on the objections raised by the Commission pursuant to Article 19(1) of Regulation No 17 and Article 2 of Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (3), After consulting the Advisory Committee on Restrictive Prac- tices and Dominant Positions, () 0] 13,21.2.1962, p. 204/62. (2) O] L 148, 15.6.1999, p. 5. () OJ L 354,30.12.1998, p. 18. WHEREAS: I. FACTS A. INTRODUCTION (1)  This decision concerns the compatibility with Article 81 of the EC Treaty (¥} of Glaxo Wellcome SA’s sales conditions regarding pharmaceutical products supplied to Spanish wholesalers. Pursuant to clause 4 of these sales conditions, Glaxo Wellcome SA operates a distinc- tion between, on the one hand, the prices charged to wholesalers reselling its products to Spanish pharmacies or hospitals for (reimbursable) end-use in Spain and, on the other hand, prices charged to wholesalers exporting the products. The latter prices are higher than those applied in case of domestic resales. B. PROCEDURE (2)  On 6 March 1998, Glaxo Wellcome SA (hereinafter ‘GW SA’) notified new sales conditions (hereinafter the ‘new sales conditions’) with a view to obtaining a negative clearance pursuant to Article 2 of Regulation (%) In the text of this decision, references to ‘Article 81 of the Treaty’ refer to the EC Treaty. This Article was formerly known as Article 85.