31. 12. 94 Official Journal of the European Communities No L 354/87 COMMISSION DECISION of 16 December 1994 relating to a proceeding under Article 85 of the EC Treaty (IV/33.863 — Asahi/Saint-Gobain) (Only the English and French texts are authentic) (Text with EEA relevance) (94/896/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, in particular Articles 2, 4, 6 and 8 thereof, Having regard to the notification made on 3 January 1991 by Saint-Gobain Vitrage International, Courbevoie, France and Asahi Glass Company Ltd, Tokyo, Japan pursuant to Article 4 of Regulation No 17, concerning the Joint Venture Agreement entered into on 30 March 1990 and amended on 7 December 1992, as well as the Licence and Technical Assistance Agreement and the Licence Agreements, Having regard to the summary of the notification published (?) pursuant to Article 19 (3) of Regulation No 17, After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: 1. THE FACTS A. The proceeding (1) By letter dated 3 January 1991, Saint-Gobain Vitrage International (hereinafter referred to as ‘SG’) and Asahi Glass Company Ltd (hereinafter referred to as ‘AG’) notified a number of agreements made between them whereby they set up a joint venture company (hereinafter referred to. as ‘the JVC’) for the joint research and development of bi-layer products, bi-layer technology and bi-layer film, the construction of pilot plants and the joint production of  bi-layer film. The Joinf Venture Agreement provides for the exclusive transfer of bi-layer technology owned by (1) OJ No 13, 21. 2. 1962, p. 204/62. (3) O] No C 111, 21. 4. 1993, p. 6. SG and AG to the JVC, which is the object of a separate agreement namely the Licence and Technical Assistance Agreement, and provides for the JVC being the exclusive worldwide licensor of bi-layer technology. B. The undertakings SG is part of the Saint-Gobain Group, a diversified group of companies established in France and organized into seven divisions, including flat glass, industrial ceramics, insulation and construction materials. The 1990 turnover of the Saint-Gobain - Group was FF 69 billion with the flat glass _ division accounting for FF 12,724 billion. AG is part of the Asahi Glass Group, a company established. in Japan with over 29 overseas subsidiaries and affiliates, including Glaverbel, Maasglas and Splintex in Europe. It is a major international supplier of glass-related products, chemicals and ceramics. In 1990 its world-wide turnover was US$ 8 177 million. Sales of glass and related products amounted to around US$ 3 298 million in 1989. C. The product The agreements are aimed at research and development in a relatively new field — bi-layer technology and products derived therefrom. Bi-layer products are products characterized by a glass/plastic construction resulting from laminating a piece of mineral glass with one or more plastic films among which at least one film has mechanical energy absorption and at least one film is polyurethane. The intended applications of bi-layer products are in safety glazing for (a) ground transportation vehicles (windshields, side windows, rear windows), and (b) architectural applications. ' Bi-layer film: means any plastic film used in bi-layer products. Bi-layer technology: means all patents covering, and know-how used in connection with, any and all aspects of the design, production, manufacture .and use of bi-layer products, including the following: