L 173/20 Official Journal of the European Union 27.6.2006 COMMISSION DECISION of 5 October 2005 relating to a proceeding pursuant to Article 81 of the EC Treaty against Automobiles Peugeot SA and Peugeot Nederland NV (Cases COMP[E2/36623, 36820 and 37275 — SEP and others/Automobiles Peugeot SA) (notified under document number C(2005) 3683) (Only the French text is authentic) (Text with EEA relevance) (2006/431[EC) On 5 October 2005, the Commission adopted a decision relating to a proceeding pursuant to Article 81 of the EC Treaty. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the full text of the decision can be found in the authentic languages of the case and in the Commission’s working languages at DG COMP’s website at http://europa.eu.int/comm/competition/index_en.html 1. SUMMARY OF THE INFRINGEMENT 1.1. Introduction In response to complaints from several French interme- diaries, on 5 October 2005 the Commission adopted a decision under Article 7 of Regulation (EC) No 1/2003 (hereinafter the Decision) addressed to Automobiles Peugeot SA, a motor vehicle manufacturer, and Peugeot Nederland NV, its wholly-owned subsidiary responsible for importing Peugeot vehicles into the Neth- erlands (hereinafter PNE), for infringement of Article 81 of the Treaty. These undertakings had, in collusion with the dealers belonging to the Peugeot network in the Netherlands, infringed Article 81 by implementing two measures aimed at impeding cross-border car sales from that country to final consumers in other Member States, particularly France. The first measure, which was imple- mented from 1997 until 2003, consisted of a system of bonuses to dealers which discriminated against export sales and which, when viewed from the angle of its objective modus operandi, went beyond what was necessary to induce Dutch dealers to devote their best sales efforts to their contract territory. The second measure, which was implemented from 1997 until 2001, consisted of Automobiles Peugeot SA bringing pressure to bear on dealers active in export sales — a direct measure which strengthened the impact of the discriminatory bonus. () OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (O] L 68, 6.3.2004, p. 1). (4) 1.2. The facts 1.2.1. The undertakings and the product concerned 1.2.1.1. The undertakings Peugeot SA (hereinafter called PSA), the secondlargest European motor manufacturer accounting in 2002 for 15,5 % of all sales (passenger cars and light commercial vehicles), comprises the Peugeot and Citroén makes. Automobiles Peugeot SA is a generalist motor manu- facturer, wholly owned by PSA, which develops, produces and distributes cars under the Peugeot name. In each of the 25 Member States, Peugeot products and services are distributed by a national retail distribution network. In the Netherlands the network is organised and run by an importer wholly controlled by Auto- mobiles Peugeot SA, namely PNE, whose headquarters are in Utrecht. In the Netherlands, the Peugeot network is made up of dealers and agent resellers contractually tied to those dealers. The number of dealers and agent resellers belonging to the Peugeot network in the Netherlands fell appreciably between 1995 and 2003. 1.2.1.2. The relevant market The passenger car market can be divided into a number of segments. The restriction of competition to which the Decision relates is a restriction ‘by object’, which remains