31.12.83 Official Journal of the European Communities No L 376/11 COMMISSION DECISION of 5 December 1983 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.329 — VW-MAN) (Only the German text is authentic) (83/668/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 4, 6 and 8 thereof, Having regard to the notifications jointly made to the Commission by Volkswagenwerk AG, Wolfs- burg, and Maschinenfabrik Augsburg-Niirnberg AG, Munich, on 4 November 1976 and 5 September 1977, concerning collaboration between them in the commercial vehicles sector, Having decided on 10 December 1982 to open pro- ceedings in the case, Having published a summary of the notifications (2?), in accordance with Article 19 (3) of Regulation No 17, After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS (1) On 25 August 1977 Volkswagenwerk AG (VW) and Maschinenfabrik  Augsburg- Niirnberg (MAN) signed a Cooperation Agreement concerning commercial vehicles in the 6 to 9 tonnes weight range and compo- nents for commercial vehicles. On 5 Septem- ber 1977 they notified the Agreement to the Commission under Article 4 of Regulation No 17, having already notified, on 4 Novem- ber 1976, a preliminary memorandum of understanding signed on 14 October of the J No 13, 21. 2. 1962, p. 204/62. J No C 337,23.12. 1982, p. 3. oje) (2) (3) same year. On 29 November 1982 the parties amended the Agreement so as to limit their cooperation in the distribution field and on 3 February 1983 informed the Commission of the amended Agreement. The parties seek a declaration under Article 85 (3) of the Treaty that Article 85 (1) of the Treaty is inapplicable to the notified agreements. The object of the cooperation, within the lim- - its agreed on 29 November 1982, is to enable both VW and MAN to extend their respective product ranges to commercial vehicles in the 6 to 9 tonnes class. Hitherto VW’s commercial vehicle range (‘Transporter’ vans and the LT series) had all been under this weight class, while MAN’s had all been above it, in the 10 to 40 tonnes range. Under the Agreement the parties undertake: — to develop, manufacture and distribute a joint range of commercial vehicles of between 6 and 9 tonnes maximum gross weight, with each partner specializing, — to supply each other with sub-assemblies, components and parts for fitting in the partners’ own commercial vehicle ranges. The joint range to be developed, manufac- tured and distributed by the parties on a work-sharing basis comprises a range of cab- over-engine truck models in the following weight classes: — 610 6,5 tonnes with a four-cylinder MAN diesel engine, — 7,5 to 8 tonnes with a four-cylinder MAN diesel engine, — 7,5 to 8 tonnes with a six-cylinder MAN diesel engine, and — 9 tonnes with a six-cylinder MAN diesel engine.