18. 8. 92 Official Journal of the European Communities No L 235/9 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 July 1992 relating to a proceeding under Article 85 of the EEC Treaty (Cases IV/32.800 and 1V/33335 — Quantel International-Continuum/Quantel SA) (Only the English and French texts are authentic) (92/427/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 Article 3 (1) thereof, Having regard to the application submitted on 20 July 1988 by Quantel International (hereinafter called ‘QLT’) — now known as Continuum (hereinafter called ‘QLI/C’) — requesting the Commission to find, pursuant to Article 3 of Regulation No 17, that Quantel SA (herei- nafter called ‘QSA’) had infringed Article 85 of the Treaty, Having regard to the notification submitted to the Commission by QSA on 17 October 1989, Having regard to the decision taken by the Commission on 4 July 1990 to initiate proceedings in this case, Having given the undertaking concerned — QSA — the opportunity to make known its views on the objections raised by the Commission, in accordance with Article 19 (1) and (2) of Regulation No 17 and Commission Regula- tion No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regula- tion No 17 (3, Having consulted 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. FACTS A. The complaint and the notification ()  On 20 July 1988 the Commission received a complaint from QLI/C concerning the refusal of its former parent, QSA, to allow access to the Community market for its laser products. QSA based its behaviour on a share transfer agreement and accompanying protocol of 17 and 26 July 1985, which QLI/C alleged to be in breach of Article 85 (1) of the Treaty. (2  Following receipt of a letter dated 2 August 1989 from the Commission, outlining its preliminary objections to the agreement which was the subject of the complaint, QSA on 17 October 1989 submitted a notification of the agreements accom- panied by a declaration to the effect that it was its intention to limit its claims to territorial protection to a period of five years from the time when the products were first put on the market, in order to comply with the requirements of Commission Regulation (EEC) No 418/85 (®), as amended by the Act of Accession of Spain and Portugal, which it was seeking to have applied to the agreement in question. () OJ No L 53, 22. 2. 1985, p. S.