26.7. 93 Official Journal of the European Communities No L 183/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 December 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty against Schéller Lebensmittel GmbH & Co. KG (Cases IV/31.533 and IV/34.072) (Only the German text is authentic) (93/405/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 (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to the notification submitted pursuant to Article 4 of Regulation No 17 by Schéller Lebensmittel GmbH & Co. KG concerning a standard-form ‘ice-cream supply contract’, Having regard to the application lodged pursuant to Article 3 (2) of Regulation No 17 by Mars GmbH against Schéller - Lebensmittel GmbH & Co. KG on the ground of its being hindered, in restraint of competition, in selling its ice-cream products in Germany, Having regard to the decision taken by the Commission on 19 December 1991 to initiate proceedings, (1) O] No 13, 21. 2. 1962, p. 204/62. Having regard to the Commission Decision of 25 March 1992 — interim measures, Having given the undertaking concerned, pursuant to Article 19 (1) of Regulation No 17, read in conjunction 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 (2), the opportunity of being "heard on the matters to which the Commission has taken objection, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: 1. FACTS 1. Purpose of the proceeding (1) In response to an application lodged by Mars GmbH _ (hereinafter referred to as ‘Mars’) on 18 September 1991, the Commission decided on 19 December 1991 to initiate proceedings pursuant to Articles 85 and 86 of the EEC Treaty againt Langnese-Iglo (2) OJ No 127, 20. 8. 1963, p. 2268/63.