73/212/EEC: Commission Decision of 11 May 1973 relating to a procedure under Article 85 of the EEC Treaty (IV/791 - Société Commerciale des Potasses et de l'Azote (SCPA) - Kali und Salz (formerly VDK) and ex-1373-1374- 1498-1499-1500) (Only the German and French texts are authentic)

• Articles: 5

Article 1

The verbal agreement for commercial and industrial cooperation concluded between SCPA and VDK, of which the latter, Kali und Salz, is the successor, to the extent that its objects or effects are the joint determination of the quantities and qualities of potash products to be exported by each of the undertakings concerned, and the coordination of their delivery programmes and of the distribution of the products from these two sources within the common market, together with the concerted practices by which these same undertakings have appointed joint distributors in the Netherlands and Italy, and the concerted practice by which SCPA has appointed to represent it in the Federal Republic of Germany an undertaking wholly controlled by its main competitor, Kali und Salz, constitute infringements of Article 85 of the Treaty establishing the EEC.

Article 2

The application by SCPA and VDK (now Kali und Salz) for exemption under Article 85 (3) in respect of the agreement and the concerted practices referred to in Article 1 is refused.

Article 3

SCPA and Kali und Salz shall: 1. terminate the cooperation agreement referred to in Article 1, and in particular all exchange of information in respect of distribution and production;

2. cease selling in the Netherlands and in Italy through a joint distributor.

Article 4

SCPA shall cease distributing its products in the Federal Republic of Germany through the agency of the Henri Vallette company or through any other undertaking directly or indirectly controlled by Kali und Salz.

Article 5

This Decision is addressed to the following companies ; Société Commerciale des Potasses et de l'Azote, S.à.r.l., Paris, Kali und Salz, A.G., Kassel.

Done at Brussels, 11 May 1973.

For the Commission

The President

François-Xavier ORTOLI