17. 10. 91 Official Journal of the European Communities No L 287/39 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 June 1991 relating to a proceeding under Article 85 of the EEC Treaty (Case No 1V/32.879 — Viho/Toshiba) (Only the English text is authentic) (91/532/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 Article 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 applicatidn for a finding of an infringement submitted on 6 September 1988, pursuant to Article 3 (1) of Regulation No 17, by Viho Europe BY, Having regard to the Commission Decision of 21 March 1990 to initiate proceedings in this case, Having given the undertaking concerned the opportunity to make known its views on the objections raised by the Commission, pursuant to Article 19 (1) of Regulation No 17 and 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, p Whereas : I. FACTS Nature of the proceeding (1)  This proceeding concerns the existence of an export prohibition in agreements between Toshiba () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. Europa (I.E) GmbH (TEG) and some of its exclu- sive distributors of photocopiers in the EEC, and certain behaviour of TEG in impeding parallel trade in the EEC. The proceeding began with a complaint lodged by Viho Europe BV on 6 September 1988. The parties (2 1. Toshiba Corporation of Japan (Toshiba) is a leading manufacturer of a wide variety of electronic products, with a consolidated turnover in 1989 exceeding $26 900 million ; 2. Toshiba Europa (IE) GmbH (TEG) of Germany is a wholly owned subsidiary of Toshiba Corporation set up initially to distribute Toshiba’s ‘Information and Communication  Systems’ products in Germany. These products consist prin- cipally of electronic office products, notably photo- copiers, with which the business in the common market began, lap-top personal computers, printers, and facsimile machines. In 1989 the consolidated turnover of TEG was [...]10), of which photocopiers accounted for (... (*) 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.