No L 351/46 Official Journal of the European Communities 15. 12. 90 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 28 November 1990 relatihg to a proceeding under Article 85 of the EEC Treaty (IV/32.877 — Bayer Dental) (Only the German text is authentic) (90/645/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, ' Having regard to Council Regulation (EEC) No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the EEC Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to the Commission’s Decision of 6 March 1989 to initiate proceedings in this case upon its own initiative, Having given Bayer AG the opportunity of being heard on the matters to which the Commission has taken objec- tion, in accordance with Article 19 (1) of Regulation (EEC) No 17, in conjunction with Commission Regula- tion (EEC) 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 consulted the Advisory Committee on Restrictive Practices and .Dominant Positions, Whereas : L. THE FACTS A. Introduction (1)  This Decision is based on a proceeding initiated by the Commission upon its own initiative after lear- () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. KT ning of Article XIV of Bayer Dental’s General Conditions of Sale and Delivery for the Federal Republic of Germany (dated 1 March 1988) because it took the view that this provision amounted to an express prohibition of exports of Bayer Dental preparation. B. The Undertaking (9  Bayer Dental is a legally dependent division of : Bayer AG with its head office in Leverkusen, Germany. It distributes the dental products manu- factured by Bayer. The products in question are auxiliary substances used in dentistry. The 1987 annual report indicated a total turnover for the Bayer Group of DM 37,1 billiori, with Bayer AG accounting for DM 16,7 billion, the group’s health branch a total of DM 5,552 billion and the dental branch DM 180 million. Turnover in the dental branch therefore amounts to 3,26 % of turnover in the health branch. Total turnover for dental products in the European Community was some DM [..]() in 1987. Half of this amount was realized in Germany. (3) A number of suppliers of varying size are active on the overall market in dental products. Bayer is one of the larger ones, but does not have a dominant position. () In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation (EEC) No 17 concerning non-disclo- sure of business secrets.