26. 5. 94 Official Journal of the European Communities No L 131/15 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 29 April 1994 relating to a proceeding under Article 85 of the EC Treaty (IV/34.456 — Stichting Baksteen) (Only the Dutch text is authentic) (94/296/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 6 and 8 thereof, Having regard to notification made by Stichting Baksteen on 19 August 1991, pursuant to Article 4 of Regulation No 17, concerning a series of agreements between Dutch brick manufacturers, Having regard to the Commission Decision of 28 January 1992 to initiate proceedings in this case, Having regard to a further notification made on 10 September 1992, pursuant to Article 4 of Regulation No 17, concerning an agreement concluded on 25 August 1992 between Stichting Baksteen and the major Dutch brick producers, Having regard to the summary of the notification published () pursuant to Article 19 (3) of Regulation No 17, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : () OJ No 13, 21. 2. 1962, p. 204/62. ) OJ No C 34, 6. 2. 1993, p. 11. ® @ I. THE FACTS A. The parties to the notified agreement The agreement on the restructuring and reorganiza- tion of the Dutch brick industry was concluded on 25 August 1992 between Stichting Baksteen and the following Dutch brick producers : — Boral Nedusa Baksteen BY, — De Jong van Lekkerkerk Holding BV (Desimpel), — Koramic Baksteengroep BV, — Rodruza BV, — Steenfabriek ‘De Rijswaard’ BV, — BV Steenfabrieck Huissenswaard, — Teewen BY, — L.J. Duijs Steenfabrieken BV, — C.R.H. Kleiwaren Beheer BV, — Daas Baksteen BV, — Steenfabriek Zennewijnen BV, — Steenfabriek ‘De Waalwaard’ BV, — Hagens Steenfabrieken BV, — Baksteen Helden BV, — Smeijers & Voortman BV, — Steenindustrie Strating BV. B. The contract products The products forming the subject of the agreement are clay construction bricks burnt in kilns, exclu- ding more expensive facing bricks and engineering bricks. As a general rule, three types of brick can be