EUR-Lex - 31974D0634 - EN

Article 85 (3) provides that Article 85 (1) may be declared inapplicable to any agreement or to any concerted practice which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit and which are not indispensable to the attainment of these objectives, nor afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

The agreement at issue has not been notified to the Commission and it therefore falls into the category of agreement referred to in Article 4 (1) of Regulation No 17. Consequently, until it has been notified, no decision in application of Article 85 (3) may be taken.

In any case, the Commission does not see how this agreement could produce the favourable results specified in Article 85 (3) and, in particular, allow consumers any benefit.

HAS ADOPTED THIS DECISION:

Article 1

The agreement concluded in 1972 through their respective trade associations between the French undertakings SKF, Compagnie d'application mécaniques, SA, and SNR, Société nouvelle de roulements and the Japanese undertakings Nippon Seiko Kaisha, NTN Toyo Bearing Kaisha, Koyo Seiko Ltd and Fujikoshi Ltd, for the purpose of increasing the price of ballbearings of Japanese origin on the French market, and which is, in particular, manifested by the letters dated respectively 10 March 1972 from the Japan Bearing Association and 27 April 1972 from the Chambre nationale syndicale de la mécanique de haute précision, constitutes an infringement of Article 85 (1) of the Treaty establishing the European Economic Community.

Article 2

This Decision is addressed to the undertakings and associations of undertakings listed below:

SKF, Compagnie d'applications mécaniques, SA, 1, avenue Newton, Clamart, France;

SNR, Société nouvelle de roulements, 1, rue des Usines, Annecy, France;

Chambre syndicale nationale de la mécanique de haute précision, 75, rue Baujon, Paris, France;

Nippon Seiko Kaisha, Chiyoda-Ku, Tokyo, Japan;

Koyo Seiko Co. Ltd, Minami-Ku, Osaka, Japan;

Fujikoshi Ltd, Toyama, Japan;

NTN Toyo Bearing Co. Ltd, Nishi-Ku, Osaka, Japan;

The Japan Bearing Industrial Association, Shibakoenn, Tokyo, Japan.

Done at Brussels, 29 November 1974.

For the Commission

The President

François-Xavier ORTOLI