83/610/EEC: Commission Decision of 5 December 1983 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.668 - Murat) (Only the French text is authentic)

What 83/610/EEC: Commission Decision of 5 December 1983 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.668 - Murat) (Only the French text is authentic) requires

Commission Decision 83/610/EEC was adopted on 5 December 1983 by the Commission of the European Communities following a proceeding under Article 85 of the EEC Treaty. The decision concerns a notification made on 1 June 1982 by the jewellery manufacturer Murat SA, Viry-Chatillon, France, seeking negative clearance or, failing that, exemption of a proposed standard form agreement with the retailers of its products in a number of Community countries. The decision establishes that the notified standard form agreement governing the relations between Murat and its retailers embodies the terms of a selective distribution system set up by Murat at the retail level and constitutes an agreement between undertakings within the meaning of Article 85 of the Treaty. The Commission finds that agreements concerned with selective distribution systems are not caught by Article 85(1) of the Treaty when dealers are selected on objective, qualitative criteria related to the capacity of the dealer, his staff and premises, bearing in mind the genuine requirements of distribution of the products, and provided that such criteria are laid down in a uniform manner for all prospective dealers and applied in a non-discriminatory fashion. On the basis of the facts in its possession, the Commission concludes that the standard form distribution agreement does not contain any obligation having as its object or effect the prevention, restriction or distortion of competition within the common market or liable to affect trade between Member States, and accordingly grants negative clearance under Article 2 of Regulation No 17.

Pillar: Legal & IP Sovereignty · Authority: Commission of the European Communities · Version: 1.0.0 · Last updated: 1983-12-05

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31983D0610

SHA-256 integrity: 8bb3d683ac653faeb110fe4154fa57a746be53f9d066327248fbddb6f5708582

Primary Citations — 10 traced to source

• Recital (12): 'The notified standard form agreement governing the relations between Murat and its retailers embodies the terms of the selective distribution system set up by Murat at the retail level and is an agreement between undertakings within the meaning of Article 85 of the Treaty.'
• Recital (13): 'agreements concerned with selective distribution systems are not caught by Article 85 (1) of the Treaty when the dealers in question are selected on objective, qualitative criteria related to the capacity of the dealer, his staff and premises and bearing in mind the genuine requirements of distribution of the products, and provided that such criteria are laid down in a uniform manner for all prospective dealers and applied in a non-discriminatory fashion.'

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