No L 309/34 Official Journal of the Euroﬁean Communities 15, 11. 88 COMMISSION COMMISSION DECISION of 13 October 1988 relating to a proceeding under Article 85 of the EEC Treaty {IV/31.498 — Delta Chemie/DDD) (Only the German and English texts are authentic) (88/563/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 Articles 2, 4, 6 and 8 thereof, . : ' Having regard to the application of 14 March 1985 by the undertakings DDD Limited situated at Watford, United Kingdom, and Delta Chemie situated at Neu-Isenburg,  Federal Republic of Germany, for negative clearance or alternatively exemption under Article 85 (3) of an agreement which they had signed on 15 January 1985, Having .published a summary of the application -in accordance with Article 19 (3) of Regulation No 17 (3, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : 1. THE FACTS A. The notification () DDD Limited (hereinafter DDD), a company ' incorporated under English law and having its . registered place of business at Watford (United Kingdom), applied to the Commission on 14 March 1985 for negative clearance or alternatively exemption of an agreement which it concluded on 15 January 1985 with Delta Chemie (hereinafter ) O] No 13, 21. 2. 1962, p.- 204/62. 4 O] No C 152, 10. 6. 1988, p. 2. called DC), a company governed by German law and having its registered place of business at Neu-Isenburg (Federal Republic of Germany). Under the agreement, which effectively continues the operation of a previously existing oral exclusive distribution agreement, DC appoints DDD as its exclusive distributor for the sale of a range of products for the removal of certain stains from fabrics in the United Kingdom, Ireland and Greece, as well as in a large number of other _countries outside the common market. DC also transfers to DDD its know-how for the manufacture and sale of these products in the same territory. ' B. The -undertakings - - @@ ~ DC sells ‘a range of pharmaceutical products, cosmetics and toiletries, as well as stain removers which are produced by its fully-owned subsidiary Gisapharm. In 1986 it had a turnover of DM ... () of which DM ... derived from sales of the-products which are the subject of the notified agreement. Its share of the German stain-removers market is estimated at ... %. ' (3 DDD sells certain pharmaceutical, toiletry and household  products, manufactured by its subsidiaries in the United Kingdom. In 1986 its total turnover was £ .... ... % of this turnover, £ ... concerned the contract products, more than ... % of which are sold in the United Kingdom. Its share of the British stain-removers market is estimated at approximately...%. : () In the published version of the Decision, some figures have hereinafter been omitted, persuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of busi- * ness secrets. ,