80/1283/EEC: Commission Decision of 25 November 1980 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.702: Johnson & Johnson) (Only the English and German texts are authentic)
The inclusion (a) by Ortho Pharmaceutical Ltd of an export prohibition for the product Gravindex in the UK trade price lists from 1 January 1973 to 1 January 1977;
(b) by Ortho Pharmaceutical Ltd of a de facto export prohibition for the product Gravindex from the United Kingdom to other EEC Member States in the contracts of sale with its dealers during the year 1977, and
(c) by Cilag Chemie GmbH of an export prohibition in the "Preislisten" for the product Gravindex from 1 January 1967 to 27 February 1978
constituted infringements of Article 85 (1) of the Treaty establishing the European Economic Community.
Ortho Pharmaceutical Ltd and Cilag Chemie GmbH shall bring it to the notice of their dealers, in writing, that exports to other Member States of the EEC are not prohibited. The Commission shall be informed within three months of the way in which this notice has been given.
A fine of two hundred thousand (200 000) European units of account, that is to say 112 894 720 (one hundred and twelve thousand eight hundred and ninety-four point twenty) pounds sterling or 510 476 (five hundred and ten thousand four hundred and seventy-six) DM or 460 7152 (four hundred and sixty thousand one hundred and fifty-two) Sfrs, or 266 260 (two hundred and sixty-six thousand two hundred and sixty) US dollars is hereby imposed on Ortho Pharmaceutical Ltd, Cilag Chemie GmbH, Cilag Chemie AG and Johnson & Johnson Inc., jointly and severally.
This sum shall be paid either to Lloyd's Bank, London, the account of the European Communities No 108.63.41, or to Sal. Oppenheim Cologne, the account of the European Communities No 000 0064 910, or to Union des Banques Suisses, Geneva, the account of the European Communities No 255.340.30. G, or to the Chemical Bank, New York, the account of the European Communities No 400-360.950 within three months of the date of notification of this Decision to the undertakings to which it is addressed.
This Decision shall be enforceable in the manner provided for in Article 192 of the Treaty establishing the European Economic Community.
This Decision is addressed to the following undertakings: (a) Ortho Pharmaceutical Ltd, PO Box 79, Saunderton, High Wycombe, UK-Buckinghamshire - MP14 YMJ;
(b) Cilag Chemie GmbH, Neue Bergstraße 9, D-6146 Alsbach an der Bergstraße;
(c) Cilag Chemie AG, Hochstraße 205/9, CH-8201 Schaffhausen;
(d) Johnson & Johnson Inc., 501 George Street, New Brunswick ; USA-New Jersey 08903.
Done at Brussels, 25 November 1980.
For the Commission
Raymond VOUEL
Member of the Commission
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
