15. 3. 88 No L 69/21 Official Journal of the European Communities (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 December 1987 relating to proceedings under Article 85 of the EEC Treaty (IV/31.206 — Rich Products/Jus-rol) (Only the English text is authentic) (88/143/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establlshlng the European Economic Community, Having regard to Council Regulation No 17, 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 2, 4 and 8 thereof, Having regard to the application for negative clearance and the notification filed on 25 April 1984 by Jus-rol Limited, Berwick-upon-Tweed, United Kingdom, in respect of an agreement which it concluded on 31 July 1983 with Rich Products Corporation, Buffalo, Umted States, Having published a summary (¥ of the notification in accordance with Article 19 (3) of Regulation No 17, Having consulted the. Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : 1. THE FACTS A. The notification () On 25 April 1984, Jus-rol Limited (‘Jus-rol’) notified to the Commission, in accordance with () OJ No 13, 21. 2. 1962, p. 204/62. ) OJ No C 209, 6. 8. 1987, p. 3. Articles 2 and 4 of Regulation No 17, a know-how licensing agreement which it had concluded on 31 July 1983 with Rich Products Corporation (‘Rich Products’) with a view to obtaining negative clearance in respect of the application of Article 85 of the EEC Treaty to the agreement or, alterna- tively, an exemption under Article 85 (3) from the prohibition contained in paragraph 1 of that Article. Under the agreement, Rich Products authorizes Jus-rol to use its know-how for the manufacture of frozen yeast dough products (‘the licensed product)). B. The undertakings 2 Rich Products manufactures food - products, including non-dairy creamers and frozen yeast doughs. It has production units in the United States and Canada which manufacture products for sale mainly on those markets. At present, Rich Products does not have any production units in the European Community. In 1986, Rich Products had a consolidated annual turnover of approximately US § 500 million from total sales, of which approx- imately (... () represented sales of the licensed product. () In the () In the published version of this Decision, some figures have heremager been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of busi- ness secrets.