No L 45/34 Official Journal of the European Communities 18. 2. 88 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 December 1987 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.914 — ARG/Unipart (Only the English text is authentic) (88/84/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 6 and 8 thereof, : Having regard to the notification submitted on 7 July 1986 by Austin Rover Group Limited of Coventry, United Kingdom and Unipart Group Limited of Oxford, United Kingdom, with regard to an agreement relating to the sales of parts for Austin Rover vehicles, Having regard to the summary of the notification published (¥ pursuant to Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : 1. THE FACTS (1) . This proceeding concerns an agreement between a vehicle manufacturer and an independent whole- saler by which the latter undertakes to promote in the place of the manufacturer sales of spare parts () OJ No 13, 21. 2. 1962, p. 204/62. (3 OJ No C 319, 12. 12. 1986, p. 3. @ C) @) and accessories, and to concentrate its sales efforts, so far as sales to the vehicle manufacturer’s author- ized dealers are concerned, on the products the parties have agreed upon. The agreement flows from the recent separation of ownership of the two parties concerned. The parties Austin Rover Group Limited (ARG’), a manufac-, turer of passenger cars and car-derived vans, is an indirectly wholly owned subsidiary of Rover Group (formerly BL) public limited company, a company in which the United Kingdom Government owns nearly all the shares. Unipart Group Limited (‘Unipart’) was formerly also a subsidiary of Rover Group, but a majority of its shares were recently sold to private investors, Rover Group now holding 21,7 %. Unipart has for several years supplied replacement parts and acces- sories for motor vehicles made by companies in the Rover group and also for those of other manufac- turers. The Agreement The notified Agreement, described as ‘for the Allo- cation of Responsibility for the Sales of Parts for Austin Rover Vehicles and for the Provision of Related Services’ and hereinafter called ‘The Agree- ment’, was concluded on 28 February 1986. The parties agree between themselves on the composi- tion of the ARG spare parts range and, within that context, on the manner in which Unipart shall