92/157/EEC: Commission Decision of 17 February 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty IV/31.370 and 31.446 - (UK Agricultural Tractor Registration Exchange) (Only the English text is authentic)

• Articles: 4

Article 1

The UK Agricultural Tractor Registration Exchange as practiced since November 1975 and notified on 4 January 1988, including its amendment of 12 March 1990, infringes Article 85 (1) of the EEC Treaty in so far as it gives rise to an exchange of information identifying sales of individual competitors, as well as information on dealer sales and imports of own products.

Article 2

The UK Agricultural Tractor Registration Exchange as notified on 4 January 1988, including its amendment of 12 March 1990, does not fulfil the conditions for an exemption under Article 85 (3) of the EEC Treaty and the application for an exemption is accordingly refused.

Article 3

The AEA and the eight members of the Exchange shall immediately put an end to the infringement established in Article 1, in so far as they have not already ended the infringement, and shall in future refrain from entering into any agreement or concerted practice that may have an identical or similar object or effect.

Article 4

This Decision is addressed to:

1. The Agricultural Engineers Association,

Samuelson House,

Paxton Road,

Orton Centre,

UK-Peterborough,

Cambridgeshire PE2 OLT;

2. Ford New Holland Ltd,

Cranes Farm Road,

UK-Basildon,

Essex SS14 3AD;

3. Massey-Ferguson (United Kingdom) Ltd,

Stareton,

UK-Kenilworth,

Warwickshire CV8 2LJ;

4. J. I. Case Europe Ltd,

PO Box 121,

Wheatley Hall Road,

UK-South Yorkshire DN2 4PN;

5. John Deere Ltd,

Langar,

UK-Nottingham NG13 8HT;

6. Renault Agriculture Ltd,

Shipston House,

Darlingscote Road,

UK-Shipston-on-Stour,

Warwickshire CV36 4D7;

7. Watveare Ltd,

Headquarters Road,

West Wilts Trading Estate,

UK-Westbury,

Wiltshire BA13 4JY;

8. Fiatagri UK Ltd,

Newmarket Road,

UK-Bury St Edmunds,

Suffolk IP33 3YA;

9. Same-Lamborghini (UK) Ltd,

Barby,

UK-Rugby

Warwickshire CV23 8FA.

Done at Brussels, 17 February 1992.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ No 13, 21. 2. 1962, p. 204/62.

(2) OJ No 127, 20. 8. 1963, p. 2268/63.

(3) The present tense is used here because the notification of 4 January 1988 has not been withdrawn in the light of the amended notification of 12 March 1990.

(4) [1982] ECR, p. 1183.

(5) [1990] ECR II, p. 163.

(6) OJ No L 3, 6. 1. 1987, p. 17.

(7) OJ No L 242, 21. 9. 1977, p. 10.

(8) OJ No L 21, 30. 1. 1979, p. 16.

(9) Paragraph 20, p. 453.

(10) Paragraph 21, p. 2033.