31. 12. 94 Official Journal of the European Communities No L 378/45 COMMISSION DECISION of 21 December 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/32.948 — IV/34.590: Tretorn and others) (Only the English, French, German, Italian and Dutch texts are authentic) (Text with EEA relevance) (94/987/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 Articles 3 and 15 (2) thereof, Having regard to the Commission decision of 14 May 1993 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, in accordance with Article 19 (1) of Regulation No 17 and with 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, Whereas: A. THE FACTS 1. THE PARTIES (1)  Tretorn AB, (hereinafter referred to as “Tretorn APB’), is a Swedish industrial company. It operates within the Community in the market in tennis balls, through its subsidiary Tretorn Sport Ltd, Ireland. For the year 1992, Tretorn AB’s turnover was of about ECU 16,5 million. (2)  Tretorn Sport Ltd, (hereinafter “Tretorn’), is a subsidiary of Tretorn AB, manufacturing tennis () O] No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. balls. For the year 1992, Tretorn had a turnover of about ECU [...] (). (3) Formula Sport International Ltd (hereinafter ‘Formula’) was Tretorn’s exclusive distributor in the United Kingdom until 1989. (4)  Fabra SPA, (hereinafter ‘Fabra’), was Tretorn’s exclusive distributor in Italy until mid-1993. - (5) Tenimport SA (hereinafter ‘Tenimport’), was Tretorn’s exclusive distributor in Belgium. (6)  Ziircher AG, (hereinafter ‘Ziircher’), is Tretorn’s exclusive distributor in Switzerland. (7). Van Megen Tennis BV, (hereinafter ‘Van Megen’), is Tretorn’s exclusive distributor in the Netherlands. II. THE MARKET FOR TENNIS BALLS (8)  The market is oligopolistic. Four producers share most (about 80%) of the Community market for first-grade balls: — Dunlop Slazenger International: 39% (Dunlop 28 %, Slazenger 11 %), — Dunlop France: 19 °/:;, — Penn: . 16 %, — Tretorn: 11 %. These figures are estimated by Dunlop Slazenger International (1986): see Commission Decision 92/261/EEC, Newitt Dunlop Slazenger International and others (*). The Commission has no reason to suppose that any significant change (®) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 (2) of Regulation No 17 concerning non-disclosure ~ of business secrets. _ ( O] No L 131, 16. 5. 1992, p. 32.