2. 6. 95 Official Journal of the European Communities No L 122/37 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 30 January 1995 relating to a proceeding under Article 85 of the EC Treaty (IV/33.686 — Coapi) (Only the Spanish text is authentic) (95/188/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 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to an application submitted under Article 3 (2) of Regulation No 17, " Having regard to the Commission’s decision of 6 July 1993 to initiate proceedings in this case, Having given the Colegio Oficial de Agentes de la Propi- edad Industrial, an association of undertakings, the oppor- tunity to make known its views on the objections raised by the Commission, in accordance with Article 19 (1) of 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 (3, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () O] No 127, 20. 8. 1963, p. 2268/63. Whereas : ) @ &) 1. THE FACTS A. The complaint On 29 August 1990 an informal complaint was submitted to the Commission against the Colegio Oficial de Agentes de la Propiedad Industrial (Official Association of Industrial Property Agents) (hereinafter referred to as ‘the Coapi’). According to the complainant, the Coapi fixes scales of charges for services provided by these agents in Spain, re- lating to the filing of patents, the registration of trade marks and utility models and other industrial property procedures, thereby infringing Article 85 (1) of the EC Treaty. The complainant, in support of its complaint, provided the scale of charges issued by the Coapi to its members for services provided after 1 January 1988 but the facts were established and set in their proper economic and legal context in particular by the replies to the formal requests for information sent to the Coapi on 16 October 1990, 15 May 1991 and 4 June 1992. B. Industrial property agents and their activities Section 156 of Law No 11/1986 of 20 March 1986 on patents provides a definition of Spanish indus- trial property agents and a brief description of their activities. The agents are natural persons registered