12. 5. 93 Official Journal of the Eutopeah Communities No L 116/21 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 November 1992 relating to a proceeding pursuant to Articles 85 and 86 of the EEC Treaty (Cases No 1V/33.440 Warner-Lambert/Gillette and Others and No 1V/33.486 BIC/Gillette and Others) (Only the English and Dutch texts are authentic) (93/252/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 Article 3 (1) thereof, Having regard to the applications for a finding of an infringement submitted on 12 February and 14 March 1990, pursuant to Article 3 of Regulation No 17, by Warner-Lambert Company and BIC SA respectively, Having regard to the notification on 23 February 1990, pursuant to Article 4 of Regulation 17, of agreements between The Gillette Company and Eemland Holdings NV, Having given the undertakings concerned, The Gillette Company and Eemland Holdings NV, the opportunity to make known their views on the objections raised by the Commission, pursuant to Article 19 (1) and (2) of Regula- tion 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, Having heard Warner-Lambert Company and BIC SA pursuant to Article 19 (2) of Regulation No 17, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. FACTS (1) This Decision concerns the infringement of Articles 85 and 86 of the EEC Treaty arising from the sale by Stora Kopparbergs Bergslags AB of the Wilkinson Sword wet-shaving business in the . Community and the United States of America to Eemland Holdings NV and in the rest of the world to the Gillette Group (hereinfafter called ‘Gillette’), which involved agreements between Gillette and Eemland and a substantial investment by Gillette in Eemland. - A. Complaints (@ On 12 February 1990 the Commission received a complaint from Warner-Lambert Company concer- ning the sale of the Wilkinson Sword wet-shaving business. Warner-Lambert alleges that the transac- tion and related agreements involving Gillette constitute an infringement of Article 85 (1) of the EEC Treaty on the part of Gillette and Eemland and an infringement of Article 86 on the part of Gillette. A second complaint relating to the same matter was filed on behalf of BIC SA on 14 March 1990.