82/506/EEC: Commission Decision of 15 July 1982 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.525 and IV/30.000-SSI) (Only the Dutch text is authentic)

• Articles: 7

Article 1

The following agreements constitute infringements of Article 85 (1) of the Treaty establishing the European Economic Community: 1. The specialist retailers' bonus scheme of 4 December 1974 and, in so far as it requires the parties to observe the bonus scheme, the "Stichting Sigarettenindustrie" Master Agreement of 20 December 1976, which have been applied by the members of the Stichting Sigarettenindustrie and also by Tabaksfabriek Gruno BV and Imperial Tobacco (Holland) BV;

2. The agreements between the members of the Stichting Sigarettenindustrie and between Stichting Sigarettenindustrie and the representatives of the cigarette wholesalers and retailers in the Netherlands in connection with the increase in excise duty and prices on 1 January 1980.

Article 2

The following agreements and concerted practices constituted infringements of Article 85 (1) of the Treaty establishing the European Economic Community: 1. The price agreements of 1 August 1974 and 7 November 1975, signed by members of the Stichting Sigarettenindustrie, and the price agreement entered into by members of the Stichting Sigarettenindustrie in connection with the price increase on 1 February 1978;

2. The agreement on rules of conduct in the cigarette trade of 23 April 1975, signed by British-American Tobacco Co. (Nederland) BV, Sigarettenfabriek Ed. Laurens BV, Koninklijke Bedrijven Theodorus Niemeyer BV and Turmac Tobacco Co. BV, and also applied by Tabaksfabriek Gruno BV;

3. The agreement of December 1971/February 1972 on approval of wholesalers, signed by the members of the Stichting Sigarettenindustrie and by Tabaksfabriek Gruno BV, and the individual clauses on discounts and other terms of sale concluded by manufacturers and recognized cigarette wholesalers on the basis of this agreement;

4. The concerted practice between the members of the Stichting Sigarettenindustrie, Tabaksfabriek Gruno BV, Imperial Tobacco (Holland) BV and Reemtsma Nederland BV relating to the grant of a fixed margin to direct specialist retailer customers and the concerted practices between the members of the Stichting Sigarettenindustrie, Tabaksfabriek Gruno BV and cigarette wholesalers in the Netherlands relating to the grant of the same maximum margin for wholesalers' deliveries to specialist retailers.

Article 3

The application for an exemption under Article 85 (3) of the EEC Treaty in respect of the agreements referred to in Article 1 is hereby refused.

Article 4

The Stichting Sigarettenindustrie and the undertakings listed in Article 1 shall cease to apply these agreements without delay.

The shall also refrain from taking any action in the future with the same object or effect as the agreements referred to in Article 1.

Article 5

1. For their involvement in the infringements referred to in Article 2 (1), the following fines are hereby imposed on the following undertakings: (1) British-American Tobacco Co. (Nederland) BV, Amsterdam,

a fine of 350 000 ECU, i.e. 913 094 Dutch guilders;

(2) Sigarettenfabriek Ed. Laurens BV, The Hague,

a fine of 425 000 ECU, i.e. 1 108 757 Dutch guilders;

(3) De Koninklijke Bedrijven Theodorus Niemeyer BV, Groningen,

a fine of 100 000 ECU, i.e. 260 884 Dutch guilders;

(4) Philip Morris Holland BV, Amstelveen,

a fine of 125 000 ECU, i.e. 326 105 Dutch guilders;

(5) R.J. Reynolds Tobacco BV, Hilversum,

a fine of 150 000 ECU, i.e. 391 326 Dutch guilders;

(6) Turmac Tobacco Co. BV, Amsterdam,

a fine of 325 000 ECU, i.e. 847 873 Dutch guilders.

2. These fines shall be paid to Amrobank, Amsterdam, to the account of the Commission of the European Communities No 41 60 95 518, within three months of the date of notification of this Decision to the undertakings concerned.

Article 6

The undertakings and associations of undertakings referred to in Article 7 shall refrain in future from holding joint consultations with one another about increases in cigarette prices or changes in cigarette dealers' margins in the Netherlands.

Article 7

This Decision is addressed to: - Stichting Sigarettenindustrie, The Hague,

- British American Tobacco Co. (Nederland) BV, Amsterdam,

- Sigarettenfabriek Ed. Laurens BV, The Hague,

- De Koninklijke Bedrijven Theodorus Niemeyer BV, Groningen,

- Philip Morris Holland BV, Amstelveen,

- R.J. Reynolds Tobacco BV, Hilversum,

- Turmac Tobacco Co. BV, Amsterdam,

- Tabaksfabriek Gruno BV, Nijkerk,

- Imperial Tobacco (Holland) BV, Boxtel,

- Reemtsma Nederland BV, De Bilt,

- Tabak Express Nederland, Maarsbergen,

- Eerste Grossiers Vereniging (EGV), Sassenheim,

- Mr His Wilms, Hippolytushoef, as representative of the independent wholesalers,

- De Nederlandse Sigarenwinkeliers Organisatie, The Hague.

This Decision shall be enforceable in accordance with Article 192 of the Treaty establishing the European Economic Community.

Done at Brussels, 15 July 1982.

For the Commission

Frans ANDRIESSEN

Member of the Commission