81/969/EEC: Commission Decision of 7 October 1981 relating to a proceeding under Article 86 of the EEC Treaty (IV.29.491 - Bandengroothandel Frieschebrug BV/NV Nederlandsche Banden-Industrie Michelin) (Only the French text is authentic)

• Articles: 4

Article 1

It is hereby declared that during the period between 1975 and 1980 NV Nederlandsche Banden-Industrie Michelin infringed Article 86 of the Treaty establishing the European Economic Community by:

(a) tying tyre dealers in the Netherlands to itself through the granting of selective discounts on an individual basis conditional upon sales 'targets' and discount percentages, which were not clearly confirmed in writing, and by applying to them dissimilar conditions in respect of equivalent transactions; and

(b) granting an extra annual bonus in 1977 on purchases of tyres for trucks, buses and the like and on purchases of car tyres, which was conditional upon attainment of a 'target' in respect of car tyre purchases.

Article 2

A fine of 680 000 ECU or 1 833 184;80 guilders is hereby imposed on NV Nederlandsche Banden-Industrie Michelin.

This sum shall be paid in guilders, within three months of notification of this Decision, to the account of the Commission of the European Communities: No 41.60.95.518, with the Amro-Bank, Rembrandtplein 17, NL-1 000 Amsterdam.

Article 3

This Decision shall be enforceable in accordance with the provisions of Article 192 of the Treaty establishing the European Economic Community.

Article 4

This Decision is addressed to:

NV Nederlandsche Banden-Industrie Michelin,

De Boelelaan 30,

PB 7163,

NL-1007 JD Amsterdam.

Done at Brussels, 7 October 1981.

For the Commission

Frans ANDRIESSEN

Member of the Commission