78/670/EEC: Commission Decision of 20 July 1978 relating to a proceeding under Article 85 of the EEC Treaty (IV/28.852 - GB-Inno-BM/Fedetab+ IV/29.127 - Mestdagh- Huyghebaert/Fedetab, IV/29.149 - Fedetab Recommendation) (Only the French and Dutch texts are authentic)

• Articles: 4

Article 1

The agreements between the undertakings referred to in Article 4 and the decisions by an association of undertakings taken by the Fédération belgo-luxembourgeoise des industries du tabac (Fedetab), of Brussels, concerning the organization of the distribution and sale of tobacco products in Belgium and having as their object: 1. the approval and classification of wholesalers and retailers into different categories by Fedetab, Brussels, in order to allocate different profit margins to such categories;

2. the maintenance of resale prices set by the manufacturers, under the agreement of 22 May and 5 October 1967 between Fedetab and Fédération nationale du commerce de gros en produits manufacturés du tabac (FNCG) and the supplementary agreement of 29 December 1970;

3. the restrictions imposed by Fedetab on the approval of certain categories of wholesalers;

4. the ban on resales to other wholesalers, under the joint measures and the additional agreement of 22 March 1972;

5. the application to wholesalers and retailers of standard terms of payment, under the joint measures of 23 December 1977;

6. the decision of Fedetab to oblige retailers to stock a minimum number of brands and the agreements entered into and joint measures taken by certain of its members to ensure that retailers fulfilled their obligation;

constituted, from 13 March 1962 to 1 December 1975, infringements of Article 85 (1) of the Treaty establishing the European Economic Community.

Article 2

The recommendation for cigarette sales in Belgium notified to the Commission by Fedetab and: - Weltab SA, Brussels;

- Jubilé SA, Liège;

- Vander Elst SA, Antwerp;

- Éts Gosset SA, Brussels;

- BAT Benelux SA, Brussels;

- SA Cinta, Brussels;

- Heintz van Landewyck SARL, Luxembourg;

which took effect on 1 December 1975 and having as its object: 1. the division of Belgian wholesalers and retailers into categories and the allocation to the latter of different profit margins;

2. the application to wholesalers and retailers of standard terms of payment ; and

3. the granting to wholesalers and retailers of end-of-year rebates,

constitutes an infringement on Article 85 (1) of the Treaty establishing the European Economic Community and does not qualify for exemption under Article 85 (3) thereof.

Article 3

1. Fedetab and the undertakings mentioned in Article 2 are hereby required to terminate without delay the infringement referred to in that Article. In particular, they shall in future abstain from all acts whatsoever having the same object as the Fedetab recommendation of 1 December 1975.

2. Fedetab is required forthwith to inform all its members to which this Decision has not been addressed of the contents thereof.

Article 4

This Decision is addressed to: - Fedetab ASBL of Brussels;

and to the undertakings: - Cinta SA of Brussels;

- Éts Gosset SA of Brussels;

- Jubilé SA of Liège;

- Vander Elst SA of Antwerp;

- Weltab SA of Brussels;

- BAT Benelux SA of Brussels;

- Heintz van Landewyck SARL of Luxembourg (Grand Duchy).

Done at Brussels, 20 July 1978.

For the Commission

Raymond VOUEL

Member of the Commission