73/322/EEC: Commission Decision of 5 October 1973 relating to proceedings under Article 85 of the EEC Treaty (IV/27.010 - Deutsche Philips GmbH) (Only the German text is authentic)

• Articles: 3

Article 1

It is hereby established that the following obligations imposed by Deutsche Philips GmbH on its German dealers constitute infringements of Article 85 (1) of the EEC Treaty: - the ban on exports contained in the price-fixing and distribution agreement for Philips electric shavers (I.2.a);

- the reimport price-fixing contained in the price-fixing and distribution agreements for Philips electric shavers, for large domestic appliances, for domestic appliances, for experimental apparatus and for ordinary lamps and discharge lamps (I.2.c);

- the price-fixing (I.2.b), the ban on horizontal supplies by wholesalers (I.2 (d) paragraph 1), the ban on horizontal supplies and advertising by retailers (I.2 (d) paragraph 2), the ban on direct supplies (I.2.b) and the ban on reverse deliveries (I.2.f), contained in some of the agreements aforesaid or in the agreement for colour television sets in wholesale trade, the extent that they applied to trade between Member States. (1)OJ No 161, 20.10.1964, p. 2545/64. (2)Recueil of the Court of Justice, Volume XII, p. 430.

Article 2

1. A fine of 60 000 (sixty thousand) units of account, or 219 600 (two hundred and nineteen thousand six hundred) Deutsche Marks is hereby imposed on Deutsche Philips GmbH by reason of the maintenance of its ban on exports contained in its price-fixing and distribution agreement for Philips electric shavers (March 1967 version) until October 1972.

2. This Decision shall constitute an obligation on Deutsche Philips GmbH enforceable under Article 192 of the EEC Treaty.

Article 3

This Decision is addressed to Deutsche Philips GmbH, Hamburg.

Done at Brussels, 5 October 1973.

For the Commission

The President

François-Xavier ORTOLI