15. 8. 92 Official Journal of the European Communities No L 233/27 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 15 July 1992 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/32.725 — Viho/Parker Pen) (Only the English and German texts are authentic) (92/426/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 15 (2) thereof, Having regard to the complaint lodged by Viho Europe BV, Maastricht (Netherlands), on 19 May 1988 against Parker Pen Limited, Newhaven (United Kingdom) pursuant to Article 3 (1) of Regulation No 17, Having regard to the Commission Decision of 21 January 1991 to initiate proceedings, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with 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 Council Regulation No 17 (3), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS | Object of the proceeding (1) This proceeding relates to obstacles to parallel imports of Parker Pen products from Germany and () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. Italy to the Netherlands. The proceeding was initiated as a result of a complaint lodged by the Dutch undertaking Viho Europe BV on 19 May 1988. This Decision does not relate to the policy of the Parker Pen undertaking to refer enquiries from local customers to the local Parker subsidiary. The parties () (a) Parker Pen Ltd (Parker) Newhaven, United Kingdom is a leading manufacturer of a variety of writing utensils with a worldwide turnover of £[...]¢) (some ECU [...] in 1989 as against £[...] (some ECU [...]) in 1988. In 1991, Parker’s turnover in the Community was £ [...] (some ECU [...]. Some 2600 persons were employed by Parker worldwide in 1991. (b) API SpA, Italy, (API), deals essentially in office equipment and maintains a distribution network mainly in Italy. API has been distribu- ting Parker products in Italy since 1949. Its turnover in 1990 amounted to ECU [...] million, of which some ECU [...] million was accounted for by Parker products. API is a medium-sized family undertaking with 188 employees. There are no written agreements with Parker. (c) Herlitz AG, Germany (Herlitz), manufactures a broad range of office supply articles and asso- ciated products. It operates at both the whole- sale and retail stages. At the retail stage, distri- () In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets.