4. 10. 88 Official Journal of the European Communities No L 272/27 (Acts whose publication is not obligatory) - COMMISSION COMMISSION DECISION of 26 July 1988 relating to a proceeding under Articles 85 and 86 of the EEC Treaty (IV/31.043 — Tetra Pak I (BTG licence) (Only the Eaglish and French texts are authentic) (88/501/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishirig 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 Commission Regulation (EEC) No 2349/84 of 23 July 1984 on the application of Article 85 (3) of the Treaty to certain categories of patent licensing agreements (?), as amended by the Act of Accession of Spain and Portugal, and in particular Article 9 thereof, Having regard to the applications dated 27 September 1983 and 23 and 26 June 1986 made to the Commission pursuant to Article 3 of Regulation No 17 by the Elopak Group to find that the Tetra Pak Group had infringed Articles 85 and 86, - Having regard to the Commission Decision of 24 February 1987 to initiate proceedings in this case, -Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, in accordance with Article 19 (1) of (") OJ No 13, 21. 2. 1962, p. 204/62. () OJ No L 219, 16. 8. 1984, p. 15. Regulation 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, Whereas : A. THE FACTS (a) The parties Tetra Pak Group of companies (1)  The Tetra Pak Group of companies (Tetra) is one of the world leaders in the field of cartons for liquid foods (especially milk), and the equipment and technology for filling these cartons. In 1985 it had a worldwide turnover of around 2 000 million ECU, nearly half of which was in the EEC. Tetra makes cartons for packing both fresh and aseptic liquids. It also has its own technology for both fresh and aseptic filling machines, which it manufactures itself. In addition it distributes machines for certain fresh filling machine manufacturers. Its position in UHT machines is particularly strong since it’ was one of the first companies to develop the technology in the field of aseptically packed liquids and to produce and sell such products. Tetra has in fact supplied aseptic packaging equipment since 1961 and its aseptic ‘Brick’ system since 1969. () OJ No 127, 20. 8. 1963, p. 2268/63.