What 79/68/EEC: Commission Decision of 12 December 1978 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.430 - Kawasaki) (Only the English and German texts are authentic) requires
Commission Decision 79/68/EEC, adopted on 12 December 1978, concerns a proceeding under Article 85 of the EEC Treaty against Kawasaki Motors (UK) Ltd and Kawasaki Motoren GmbH. The Decision finds that Kawasaki Motors (UK) Ltd imposed an export prohibition on its network of approximately 80 appointed retail dealers in the United Kingdom through Clause 3(v) of the 'Kawasaki Motor Cycle Authorized Dealer Sales and Service Agreement', which required dealers not to supply products for export from the United Kingdom without prior written consent of the distributor. This prohibition, first imposed on 28 May 1975, constituted an infringement of Article 85(1) of the EEC Treaty by restricting competition and raising an artificial barrier to trade in goods between Community countries. Kawasaki Motoren GmbH, the wholly-owned German subsidiary of Kawasaki Heavy Industries Ltd, actively participated in the enforcement of the export prohibition by requesting Kawasaki Motors (UK) to stop exports and disclosing frame numbers of exported machines to identify offending dealers. The prohibition was designed to insulate national markets and maintain price differences of up to 55% between the United Kingdom and Germany at the wholesale level. As a result of the infringement, a fine of 100,000 European units of account (equivalent to 67,081,740 pounds sterling) was imposed on Kawasaki Motors (UK) Ltd, payable within three months of notification of the Decision.
Pillar: Legal & IP Sovereignty · Authority: Commission of the European Communities · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31979D0068
SHA-256 integrity: e4e4437aa634f16fe4aa7379def175a4db97969d5c6afaac9a80ee79aefe18a6
Primary Citations — 10 traced to source
- Article 1: 'The imposition by Kawasaki Motors (UK) Ltd of an export prohibition on Kawasaki dealers in the United Kingdom constituted an infringement of Article 85 (1) of the Treaty establishing the European Economic Community.'
- Article 2: 'A fine of 100 000 (one hundred thousand) European units of account, that is 67 081 740 pounds sterling is imposed on Kawasaki Motors (UK) Ltd. This sum is to be paid to Lloyd's Bank Ltd, Overseas Department, PO Box 19, 6 Eastcheap, London EC3 P3AB to the account of the Commission of the European Communities, account No 10-86.341, within three months of the date of notification of this Decision to the undertakings to which it is addressed.'
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