European Commission 16 December 1985, 85/617/EEC: Commission Decision of 16 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.839 - Sperry New Holland) (Only the English, Greek and Dutch texts are authentic)

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The European Commission found that Sperry New Holland (SNH) and its distributors infringed Article 85(1) of the EEC Treaty by implementing contractual export bans and concerted practices designed to prevent parallel trade of agricultural machinery between Member States. The Commission rejected SNH's arguments regarding the protective scope of its UK notification and the unilateral nature of its supply restrictions, concluding that the systematic tracing of serial numbers and penalization of cross-border sales constituted serious competition violations. Consequently, the Commission refused an Article 85(3) exemption, ordered the cessation of all territorial restrictions, and imposed a fine of 750,000 ECU on Sperry New Holland - Sperry NV.AI