87/409/EEC: Commission Decision of 13 July 1987 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.741 - Sandoz) (Only the Italian text is authentic)

• Articles: 4

Article 1

Sandoz Prodotti Farmaceutici SpA (hereinafter Sandoz PF) has infringed Article 85 (1) of the EEC Treaty by providing for an export ban in the commercial relationships with its clients.

Article 2

Sandoz PF, which ended the infringement in 1985 after Commission intervention, is hereby required to refrain, in relation to the sales of its products, from any agreement and/or concerted practice which may have the same or similar object or effect.

Article 3

A fine of 800 000 ECU is hereby imposed on Sandoz PF. This amount shall be paid into the Commission's account N° 9-130-707 - Commissione delle Comunità Europee, Bruxelles - ECU, at: Istituto Bancario San Paolo di Torino, 156 Piazza San Carlo, I - 10121 Torino, within three months from the date of notification of this Decision. On expiry of that period interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ECU operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, i.e. 10 %. Should payment be made in the national currency of the addressee, the exchange rate applicable shall be that prevailing on the day preceding payment.

Article 4

This Decision is addressed to:

Sandoz Prodotti Farmaceutici SpA,

Via Arconati, 1,

I-20135 Milano.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

Done at Brussels, 13 July 1987.

For the Commission Peter SUTHERLAND Member of the Commission

(1)OJ N° 13, 21. 2. 1962, p. 204/62.

(2)OJ N° 127, 20. 8. 1963, p. 2268/63.