FOLLOWS :
' I REQUEST YOU NOT TO LET MY NAME BE CONNECTED WITH THIS MATTER . HOWEVER , I REMAIN AT YOUR ENTIRE DISPOSAL FOR FURTHER INFORMATION , AS WELL AS DOCUMENTARY EVIDENCE ABOUT EVERY POINT WHICH I HAVE RAISED IN THIS LETTER . FURTHERMORE , I AM PREPARED TO DISCUSS ANY POINT WITH YOUR ASSISTANTS OR YOURSELF AT ANY TIME , AND IF NECESSARY I AM PREPARED TO FLY TO BELGIUM OR ROME FOR THIS PURPOSE . ADDITIONALLY , AFTER I LEAVE ROCHE AROUND JULY 1973 I WOULD BE PREPARED EVEN TO APPEAR BEFORE ANY COURT TO GIVE SWORN EVIDENCE ON MY STATEMENTS . I TRUST TO HEAR FROM YOU SOON TO KNOW IN WHAT DIRECTION I CAN BE OF FURTHER HELP . . . ' .
5 FOLLOWING A REPLY DATED 26 MARCH 1973 FROM MR SCHLIEDER , THEN DIRECTOR-GENERAL OF THE COMMISSION ' S DIRECTORATE-GENERAL FOR COMPETITION ( DG IV ), THE APPLICANT HAD AN INTERVIEW IN BRUSSELS ON 9 APRIL 1983 WITH TWO COMMISSION OFFICIALS , MR CARISI AND MR RIHOUX . IN THE COURSE OF THAT INTERVIEW , HE SUPPLIED THE COMMISSION WITH CERTAIN ADDITIONAL INFORMATION CONCERNING ROCHE ' S ACTIVITIES . MOREOVER , IN APRIL AND JULY 1973 THE APPLICANT SENT THE COMMISSION PHOTOCOPIES OF A CONSIDERABLE NUMBER OF INTERNAL DOCUMENTS ISSUED BY ROCHE , INCLUDING 14 ' MANAGEMENT INFORMATION ' MEMORANDA AND A LETTER TO THE DIRECTORS OF ROCHE FROM THE COMPANY ' S PRESIDENT .
6 IN A LETTER DATED 21 JULY 1973 THE APPLICANT INFORMED THE COMMISSION THAT HE WOULD BE STAYING WITH ROCHE UNTIL THE END OF OCTOBER 1973 . HE DID IN FACT LEAVE ROCHE ON 31 OCTOBER 1973 AND ON 1 APRIL 1974 HE TOOK UP RESIDENCE WITH HIS WIFE AND CHILDREN IN ITALY .
7 SUBSEQUENTLY THE COMMISSION COMMENCED AN INVESTIGATION INTO ROCHE ' S ACTIVITIES IN THE AREAS WHICH THE APPLICANT HAD DESCRIBED TO IT . AS PART OF THAT INVESTIGATION COMMISSION OFFICIALS , AMONG THEM MR RIHOUX AND MR PAPPALARDO , VISITED THE OFFICES OF ROCHE ' S SUBSIDIARIES IN PARIS AND IN BRUSSELS ON 22 AND 29 OCTOBER 1974 AND ATTEMPTED TO OBTAIN COPIES OF THE DOCUMENTS SUPPLIED TO THE COMMISSION BY THE APPLICANT . AS THE ROCHE REPRESENTATIVES DENIED ANY KNOWLEDGE OF THOSE DOCUMENTS , THE COMMISSION OFFICIALS FINALLY HANDED OVER EDITED COPIES OF THE ' MANAGEMENT INFORMATION ' MEMORANDA IN QUESTION AND THE LETTER TO THE ROCHE DIRECTORS FROM THEIR PRESIDENT . BEFORE DOING SO THEY COVERED UP CERTAIN DETAILS AND HANDWRITTEN NOTES WHICH THEY THOUGHT MIGHT INDICATE THE SPECIFIC SOURCE OF THE DOCUMENTS COPIED . IN RETURN THE COMMISSION OFFICIALS RECEIVED CONFIRMATION THAT THE DOCUMENTS WERE AUTHENTIC .
8 ON 9 JUNE 1976 THE COMMISSION ADOPTED DECISION 76/642/EEC RELATING TO A PROCEEDING UNDER ARTICLE 86 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ( OFFICIAL JOURNAL 1976 , L 223 , P . 27 ), IN WHICH THE COMMISSION FOUND THAT ROCHE HAD ABUSED ITS DOMINANT POSITION IN THE MARKET