No L.78/34 ' Official Journal of the European Communities 23. 3. 88 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 December 1987 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.503 — Konica) (Only. the English and German texts are authentic) (88/172/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty estabhshmg 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 (1) and 15 (2) thereof, Having regard to the Commission Decision of 5 December 1986 to initiate proceedings ex officio in this case, Having given the undertakings concerned, Konica UK Ltd, Konica Europe GmbH and Konishiroku Photo Industry Co., the opportunity to make known their views on the objections raised by the Commission, pursuant to Atticle 19 (1) of Regulation No 17 and to Commission Regulation (EEC) No 99/63/EEC of 25 July 1963 on the hearings provided for in Atticle 19 (1) and (2) of Regulation No 17 (3, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. ( OJ No 127, 20. 8. 1963, p. 2268/63. Whereas : 1 @ &) I. FACTS This Decision concerns practices of Konica UK Ltd and Konica Europe GmbH, both subsidiaries of Konishiroku Photo Industry Co. Ltd, Tokyo, Japan, aimed at preventing the export of Konica colour films from the United Kingdom to other EC Member States and the resale of parallel imported Konica colour film on the German market. A. The companies Konishiroku Photo Industry Co. Ltd, Tokyo (Konishiroku), is a major manufacturer of photographic goods and equipment. It also manufactures video tapes and video cameras and office equipment. The firm has many overseas subsidiaries, including some in the EC. Konica UK Ltd, Feltham, Middlesex, United Kingdom (Konica UK), is a wholly-owned subsidiary of Konishiroku. The business of Konica UK is the import and sale of photographic goods and equipment, video tapes and video cameras manufactured by the parent company. Konica UK has only been a legally independent company since 1 February 1985. Before that it was a branch — albeit enjoying management autonomy — of Konishiroku Photo Industry (Europe) GmbH, Hamburg (now Konica Europe GmbH).