No L 286/36 Official Journal of the European Communities 910 87 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 29 July 1987 relating to a proceeding under Article 86 of the EEC Treaty (IV/32.279 — BBl/Boosey & Hawkes : Interim measures) (Only the English text is authentic) ' (87/500/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 partcular Articles 3 and 16 thereof, Having regard to the application of Brass Band Instru- ments Ltd and others dated 12 March 1987 alleging an infringement of Article 86 of the Treaty by Boosey & Hawkes plc and requesting the Commission to adopt interim measures, Having regard to the Commission Decision of 27 April 1987 to open a proceeding in this case, Having given Boosey & Hawkes plc the opportunity to make known its views on the objections raised by the Commission in accordance with Article 19 (1) of Regula- tion No 17 and 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 (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. Whereas : I. THE FACTS The nature of the present Decision (1)  This Decision provides for interim measures pending a final decision on the application made under Article 3 of Regulation No 17 by three United Kingdom undertakings : Brass Band Instru- ments Ltd (‘BBI'), Gabriel's Horn House (Band Instrument Company) Ltd (GHH’), both of Port- smouth, Hampshire, and RCN Music (‘RCN’) of Luton, Bedfordshire, alleging that an infringement of Article 86 of the EEC Treaty had been committed by Boosey & Hawkes plc (B&H’) of Edgware, Middlesex. The undertakings (2)  The activities of B&H include the manufacture and sale of musical instruments. Prior to the present case it was the only British manufacturer of brass wind instruments. It had total world-wide sales (all products) in 1985 of £ 38 million (ECU 67 million). (3) GHH is a major retailer of brass band instruments and, prior to the present case, had the second largest sales of B&H instruments in the United Kingdom. In 1985 its total turnovet was £ 480 000 (ECU 840 000), of which 70 % was in B&H brass band instruments. ‘ RCN is a repairer of brass band instruments for manufacturers, dealers and private customers which has in the past carried out contract repair work for B&H.