PROPORTION OF FORD AG ' S PRODUCTION IS SOLD DIRECTLY TO FORD MOTOR COMPANY LIMITED ( HEREINAFTER REFERRED TO AS ' ' FORD BRITAIN ' ' ) IN THE UNITED KINGDOM WITH A VIEW TO ITS BEING MARKETED THERE BY THAT COMPANY WHICH , LIKE FORD AG , HAS ESTABLISHED ITS OWN SALES PROGRAMME AND ITS OWN DISTRIBUTION NETWORK . CONSEQUENTLY FORD AG PRODUCES BOTH LEFT-HAND DRIVE CARS AND RIGHT-HAND DRIVE CARS ON A REGULAR BASIS .
5 IN ORDER TO IMPLEMENT ITS SALES PROGRAMME IN THE GERMAN MARKET FORD AG ESTABLISHED A SELECTIVE DISTRIBUTION SYSTEM BASED ON A MAIN DEALER AGREEMENT ( ' ' HAUPTHANDLER-VERTRAG ' ' ) BINDING IT TO ITS GERMAN DISTRIBUTORS . THAT AGREEMENT WAS NOTIFIED TO THE COMMISSION ON 14 MAY 1976 AND FORD AG REQUESTED NEGATIVE CLEARANCE FOR IT UNDER ARTICLE 2 OF REGULATION NO 17 OF THE COUNCIL OF 6 FEBRUARY 1962 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-1962 , P . 87 ) OR , IN THE ALTERNATIVE , AN EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY . AT THE TIME OF THE FACTS RELEVANT TO THIS CASE THE COMMISSION HAD STILL NOT ADOPTED A FORMAL DECISION ON THAT REQUEST BUT IT IS COMMON GROUND BETWEEN THE PARTIES THAT THE AGREEMENT , WHICH IS BASED ON QUANTITATIVE AS WELL AS QUALITATIVE CRITERIA , IS SIMILAR TO OTHER DEALER AGREEMENTS IN THE MOTOR CAR INDUSTRY IN RELATION TO WHICH THE COMMISSION HAS GRANTED OR INTENDS TO GRANT AN EXEMPTION UNDER ARTICLE 85 ( 3 ).
6 UNTIL 1 MAY 1982 A CERTAIN NUMBER OF RIGHT-HAND DRIVE CARS , SOME CONSTRUCTED TO BRITISH SPECIFICATIONS AND THE REST TO GERMAN SPECIFICATIONS , WERE SUPPLIED BY FORD AG TO ITS APPOINTED GERMAN DEALERS AND WERE SOLD IN THE FEDERAL REPUBLIC OF GERMANY . SINCE THE SPRING OF 1981 THERE HAD BEEN A GREAT INCREASE IN DEMAND FOR RIGHT-HAND DRIVE CARS IN THAT MARKET BECAUSE PRICES WERE CONSIDERABLY LOWER THAN THOSE ON THE BRITISH MARKET , PARTLY AS THE RESULT OF MONETARY FLUCTUATIONS , AND THEREFORE A GROWING NUMBER OF BRITISH CUSTOMERS WERE BUYING THOSE VEHICLES FROM GERMAN DEALERS .
7 BECAUSE IT WAS CONCERNED ABOUT THE EFFECTS OF SUCH SALES ON THE POSITION OF FORD BRITAIN AND ITS DISTRIBUTION NETWORK FORD AG NOTIFIED THE GERMAN FORD DEALERS BY A CIRCULAR DATED 27 APRIL 1982 THAT WITH EFFECT FROM 1 MAY IT WOULD NO LONGER ACCEPT THEIR ORDERS FOR RIGHT-HAND DRIVE CARS AND THAT AS FROM THAT DATE ALL SUCH CARS WOULD HAVE TO BE PURCHASED EITHER FROM A FORD DEALER ESTABLISHED IN THE UNITED KINGDOM OR FROM A SUBSIDIARY OF FORD BRITAIN .
8 THAT CIRCULAR LED THE BUREAU EUROPEEN DE UNIONS DES CONSOMMATEURS ( EUROPEAN OFFICE OF CONSUMER UNIONS ), AN INTERVENING PARTY IN THESE CASES , TO LODGE WITH THE COMMISSION ON 12 MAY 1982 A COMPLAINT REQUESTING IT TO ORDER INTERIM MEASURES . ON 2 JULY 1982 THE COMMISSION DECIDED TO ' ' INSTITUTE PROCEEDINGS . . . UNDER