No L 272/28 Official Journal of the European Communities 4. 11. 93 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 June 1993 relating to a proceeding pursuant to Article 85 of the EEC Treaty in Cases IV/31.550 — Zera/Montedison and IV/31.898 — Hinkens/Stihler (Only the German and Italian texts are authentic) (93/554/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 EEC Treaty ('), as last amended by the Act of Acces- sion of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to the applications submitted respectively by Zera-Agrarchemikalien GmbH, Travenbriick-Tralauy, Germany, and by the firm Wilhelm Hinkens, Linnich, Germany, pursuant to Article 3 of Regulation No 17, asking the Commission to find that the companies Agri- mont SpA (formerly Farmoplant SpA), Milan, Italy, Montedison (Deutschland) Chemie Handels-GmbH (formerly Montedison Deutschland GmbH), Eschborn, Germany, and Stihler Agrochemie GmbH & Co KG, Stade, Germany, have infringed Article 85, Having regard to the Commission’s decision of 27 September 1989 to initiate proceedings in this case, Having given Agrimont SpA, Montedison (Deutschland) Chemie Handels-GmbH and Stihler Agrochemie GmbH & Co KG the opportunity, pursuant to Article 19 (1) of Regulation No 17 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 Regula- tion No 17 (3), of being heard on the matters to which the Commission has taken objection, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () O] No 127, 20. 8. 1963, p. 2268/63. Whereas : M Q) I. THE FACTS A. Brief description of the subject of the proceeding The subject of this Decision is an agreement between two subsidiaries of the producer parent group on the one hand and the German exclusive distributor on the other granting the exclusive distributor, by means of product differentiation of the herbicide Digermin, absolute territorial protec- tion for the German market and thus preventing parallel imports from other Member States into the Federal Republic of Germany. This Decision does not relate to the admissibility of the exclusive distribution arrangement for Germany under competition law. The Commission has not undertaken any assessment of the agreement, nor was the agreement notified to it. B. The undertakings Farmoplant SpA, Milan (hereinafter referred to as Farmoplant), a wholly owned subsidiary of the Italian Montedison group, was until May 1986 primarily a producer of agricultural plant protec- tants, including Digermin. In June 1986, Farmo- plant was absorbed into the newly established