11. 3. 88 Official Journal of the European Communities No L 65/19 (Acts whose publication is not obligatory). - COMMISSION COMMISSION DECISION of 22 December 1987 relating to a proceeding under Article 86 of the EEC Treaty (IV/30.787 and 31.488 — Eurofix-Bauco v. Hilti) (Only the English text is authentic) (88/138/EEC) THE COMMISSION OF THE EURCPEAN 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 Article 3 thereof, Having regard to the applications' dated 7 October 1982 and 26 February 1985 made to the Commission pursuant to Article 3 of Regulation No 17 by Eurofix Limited of Arley, near Coventry, United Kingdom (now Structural Fastenings Group Ltd) and Bauco (UK) Ltd of Ealing, London, United Kingdom (now Thames Ditton, Surrey) respectively to find that Hilti AG of Schaan, Liechtenstein, had infringed Article 86, - Having regard to the information obtained by the Commission pursuant to its powers under Articles 11 and 14 of Regulatlon No 17, Having regard to the Commission Decision of 9 August 1985 to initiate proceedings in this case, Having given the undertaklng concerned the opportunity to make known its views on the objections raised by the Commission, in accordance with Article 19 (1) of ! s () OJ No 13, 21. 2. 1962, p. 204/62. 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 (3), N After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, . Whereas : ! A. THE FACTS I. INTRODUCTION - (a) The parties- Hilti (1)  Hilti Aktiengesellschaft (Hilti AG)(®) is a large Liechtenstein-based company specializing in the manufacture and distribution  of a variety of fastening systems (e.g. drilling equipment, nail guns (‘) mostly for professional use in the building () OJ No 127, 20. 8. 1963, p. 2268/63. () In this Decision ‘Hilti’ refers to the whole Hilti organization, ie. to Hilti AG (Liechtenstein) and to all its wholly-owned or controlled subsidiaries. Unless otherwise specified the term excludes the inchendent Hilti distributors. (9 In this document ‘powder actuated fastening tools’ will be re- ferred to as nail guns with a distinction made when appro- priate between the direct action and indirect action types (see also the following footnote). . .