26.7.93 Official Journal of the European Communities No L 183/19 COMMISSION DECISION of 23 December 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty against Langnese-Iglo GmbH- ~ . (Case IV/34.072) (Only the German text is authentic) (93/406/EEC) THE COMMISSION OF THE EUROPEAN COMMUNrTiES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85 (3) of the Treaty to categories of exclusive purchasing agreements (2), and in particular Article 14 thereof, and to Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (3}, and in particular Article 7 thereof, Having regard to the application lodged pursuant to Article 3 (2) of Regulation No 17 by Mars GmbH against Langnese-Iglo GmbH & Co. KG on the ground of its being hindered, in restraint of competition, in selling its ice-cream products in Germany, Having regard to the decision taken by the Commission on 19 December 1991 to initiate proceedings, Having regard to the Commission Decision of 25 March 1992 — interim measures, Having given the undertaking concerned, pursuant to Article 19 (1) of Regulation No 17, read in conjunction 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 (#), the opportunity of being heard on the matters to which the Commission has taken objection, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, (1) O] No 13, 21. 2. 1962, p. 204/62. (2) OJ L 173, 30. 6. 1983, p. 5. (3) OJ No 36, 6. 3. 1965, p. 533/65. (4) OJ No 127, 20. 8. 1963, p. 2268/63. Whereas: I. FACTS 1. Purpose of the proceeding (1) In response to an application lodged by Mars GmbH (2) (3) 4 (hereinafter referred to as ‘Mars’) on 18 September 1991, the Commission decided on 19 December 1991 to initiate proceedings pursuant to Articles 85 and 86 of the EEC Treaty againt Langnese-Iglo GmbH (hereinafter referred to as ‘L-I') and Schéller Lebensmittel GmbH & Co. KG (hereinafter referred to as ‘SLG’). The internationally active Mars group of companies manufactures ice-cream bars for the European market exclusively in France. Mars began selling such bars individually and in multipacks throughout Germany in 1990. Mars claims that it is being hindered, in restraint of competition, in selling its - ice-cream products in Germany . by exclusivity agreements which L-I and SLG have concluded with a large number of retailers. On 25 March 1992 the Commission stated in a Decision (hereinafter referred to as ‘D/25. 3. 92°) that, in so far as they concerned the sale, without any further service, of L-I's pre-packaged single-item ice-cream products, the agreements concluded by L-I on the basis of a standard form contract described as a ‘supply agreement’ prima facie infringed Article 85 (1) of the EEC Treaty. The purpose of this proceeding is, further to - D/25. 3. 92, to adopt a final decision pursuant to Article 85 of the EEC Treaty on the supply agreements. The Commission reserves the right likewise to subject to a final scrutiny such other infringements of the Community competition rules as are referred to in D/25. 3. 92.