13. 3. 92 Official Journal of the European Communities No L 68/19 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 17 February 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty IV/31.370 and 31.446 — (UK Agricultural Tractor Registration Exchange) (Only the English text is authentic) (92/157/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 thereof, Having regard to the application for negative clearance and notification made on 4 January 1988 by the Agricul- tural Engineers Association Ltd of an information exchange agreement called the UK Agricultural Tractor Registration Exchange concluded with and between eight undertakings active in the sector of agricultural tractors, Having regard to the decision taken by the Commission on 11 November 1988 to initiate proceedings in this case, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with the provisions of Article 19 (1) of 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, ) OJ No 13, 21. 2. 1962, p. 204/62. ) OJ No 127, 20. 8. 1963, p. 2268/63. Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : L. FACTS Introduction (1) On 4 January 1988, the Agricultural Engineers Association Ltd (AEA), the United Kingdom trade association of manufacturers and importers of agri- cultural machinery, notified an information exchange agreement called the UK Agricultural Tractor Registration Exchange (‘the Exchange’). That agreement concerns an exchange of informa- tion identifying the volume of retail sales and market shares of eight manufacturers and importers of agricultural tractors on the United Kingdom market. The Exchange is managed by the AEA with the service of the computer bureau Systema- tics International Group of Companies Ltd (‘SIL’). (2 This information exchange has existed at least since November 1975. The Commission started its investigation of the Exchange in 1984. During investigations about complaints of interference with parallel trade by individual manufacturers, the Commission discovered the existence of the Exchange in the course of inspections at the offices of some of the members of the Exchange and at the offices of the AEA and SIL. After this investiga- tion, the AEA notified the Exchange with an appli- cation for a negative clearance or an exemption under Article 85 (3) of the EEC Treaty. The