85/202/EEC: Commission Decision of 19 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.725 - Wood pulp) (Only the English text is authentic)
PART II — LEGAL ASSESSMENT
The addressees of this Decision as specified in Article 4 have committed infringements of Article 85 (1) of the Treaty establishing the European Economic Community by concluding the following agreements and adopting the following decisions and practices: (1) The following addressees by concerting on prices for bleached sulphate wood pulp announced for deliveries to the European Economic Community at least in the following years: - addressees 1 to 3, 5, 6, 9, 11 to 13, 16, 18, 20 to 28, 31, 34 to 38, in 1975 to 1981,
- addressee 4, in 1975 and 1976,
- addressee 7, in 1977 and 1979 to 1981,
- addressee 10, in 1975 to 1977 and 1979 to 1981,
- addressee 17, in 1975 to 1978,
- addressee 19, in 1975 to 1980,
- addressee 32, in 1975, 1976 and 1979,
- addressee 33, in 1975 to 1980,
- addressee 41, in 1977.
(2) The following addressees by concerting on actual transaction prices charged in the European Economic Community at least to customers in Belgium, France, the Federal Republic of Germany, the Netherlands and the United Kingdom for bleached sulphate wood pulp at least in the following years: - addressees 2, 3, 5, 6, 8 to 12, 14 to 16, 18, 20 to 28, 31, 32, 34 to 38, in 1975, 1976 and 1979 to 1981,
- addressee 1, in 1976 and 1979 to 1981,
- addressee 7, in 1975 and 1979 to 1981,
- addressees 13 and 33, in 1975, 1976 and 1979,
- addressee 19, in 1975, 1976, 1979 and 1980,
- addressee 30, in 1975, 1976, 1980 and 1981,
- addressee 39, in 1975 and 1976.
(3) Addressees 8 to 16 by concerting on announced and actual transaction prices for deliveries of bleached sulphate wood pulp to the European Economic Community and by exchanging individualized data concerning prices for these deliveries on the basis of the KEA rules, and addressee 17 (KEA) by recommending prices for these deliveries on the basis of Article II (A) of its policy statement.
(4) Addressees 4, 29, 34, 36 and 40 to 43 by concerting on announced and actual transaction prices and exchanging within the framework of Fides individualized data concerning prices for deliveries of bleached sulphate hardwood pulp to the European Economic Community from 1973 to 1977.
(5) Addressees 2 to 4, 6, 13, 30 to 39 and 41 by applying, in contracts for sale of wood pulp to customers in the European Economic Community, clauses prohibiting export or resale of wood pulp sold to them.
Addressees 9 to 11 and 15 to 17 shall bring the infringement as referred to in Article 1 (3) to an end immediately and shall refrain from any measure having the same object or effect. (1) See Annex.
1. The following fines are hereby imposed on: (1) addressee 1 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(2) addressee 2 : 125 000 (one hundred and twenty five thousand) ECU, that is Bfrs 5 592 875;
(3) addressee 3 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(4) addressee 4 : 200 000 (two hundred thousand) ECU, that is Bfrs 8 948 600;
(5) addressee 5 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(6) addressee 6 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(7) addressee 7 : 500 000 (five hundred thousand) ECU, that is Bfrs 22 371 500;
(8) addressee 8 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(9) addressee 9 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(10) addressee 10 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(11) addressee 11 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(12) addressee 12 : 250 000 (two hundred and fifty thousand) ECU, that is Bfrs 11 185 750;
(13) addressee 14 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(14) addressee 15 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(15) addressee 16 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(16) addressee 17 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(17) addressee 18 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(18) addressee 19 : 200 000 (two hundred thousand) ECU, that is Bfrs 8 948 600;
(19) addressee 20 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(20) addressee 21 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(21) addressee 22 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(22) addressee 23 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(23) addressee 25 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(24) addressee 26 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(25) addressee 28 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(26) addressee 29 : 100 000 (one hundred thousand) ECU, that is Bfrs 4 474 300;
(27) addressee 30 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(28) addressee 31 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(29) addressee 32 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(30) addressee 33 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150;
(31) addressee 34 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(32) addressee 35 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(33) addressee 36 : 200 000 (two hundred thousand) ECU, that is Bfrs 8 948 600;
(34) addressee 37 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(35) addressee 38 : 150 000 (one hundred and fifty thousand) ECU, that is Bfrs 6 711 450;
(36) addressee 40 : 50 000 (fifty thousand) ECU, that is Bfrs 2 237 150.
2. The fines imposed shall be paid within three months of the date of notification of this Decision into the following accounts of the Commission of the European Communities: (a) Kredietbank (agence Schuman), rond-point Schuman, 2, B-1040 Brussels (account No 426-4403003-54), for payment in ECU;
(b) Kredietbank (agence Schuman), rond-point Schuman, 2, B-1040 Brussels (account No 426-4403001-52), for payment in Belgian francs.
This Decision is addressed to: (1) British Columbia Forest Products Ltd, 1050 W. Pender Street, Vancouver, British Columbia, V6E 2X3, Canada;
(2) Canadian Forest Products Ltd, 505 Burrard Street, Vancouver, British Columbia, V7X 1B5, Canada;
(3) MacMillan Bloedel Ltd, 1075 West Georgia Street, Vancouver, British Columbia, Canada;
(4) St Anne-Nackawick Pulp and Paper Co. Ltd, PO Box 1000, Nackawick, New Brunswick, Canada;
(5) Weldwood of Canada Ltd, 1055 W. Hastings Street, Vancouver, British Columbia, V6E 2E9, Canada;
(6) Westar Timber Ltd, 1176 West Georgia Street, Vancouver, British Columbia, V6E 2X3, Canada;
(7) Bowater Incorporated, PO Box 7, Catawba, South Carolina 29704, USA;
(8) Chesapeake Corporation, West Point, Virginia 23181, USA;
(9) Crown Zellerbach, One Bush Street, San Francisco, California 94104, USA;
(10) Federal Paper Board Company, Incorporated, 75 Chestnut Ridge Road, Montvale, New Jersey 07645, USA;
(11) Georgia-Pacific Corporation, Pulp Department, 133 Peachtree Street NE, Atlanta, Georgia 30303, USA;
(12) International Pulp Sales Company, 77 West 45th Street, New York, New York 10036, USA;
(13) ITT Rayonier Incorporated, 1177 Summer Street, Stamford, Connecticut 06904, USA;
(14) The Mead Corporation, Courthouse Plaza Northeast, Dayton, Ohio 45463, USA;
(15) Scott Paper Company, Scott Plaza 2, Philadelphia, Pennsylvania 19113, USA;
(16) Weyerhaeuser Company, Pulp Division, Tacoma, Washington 98477, USA;
(17) Pulp, Paper and Paperboard Export Association of the United States (KEA), 528 Northnewstreet, Bethlehem, Pennsylvania 18018, USA;
(18) Ahlström Oy, Eteläesplanadi, 00130 Helsinki 13, Finland;
(19) Enso-Gutzeit Oy, PO Box 309, 00101 Helsinki 10, Finland;
(20) Joutseno-Pulp Co., 54120 Joutseno, Finland;
(21) Kaukas AB Oy, Villmanstrand 20, 53200 Lappeenranta 20, Finland;
(22) Kemi Oy, 94200 Kemi 20, Finland;
(23) Metsä-Botnia AB Oy, 64260 Kaskinen, Finland;
(24) Metsäliiton Teollisuus Oy, Revontulentie 6, 02100 Espoo 10, Finland;
(25) Oulu Oy, PO Box 196, 90101 Oulu 10, Finland;
(26) Wilh Schaumann AB Oy, PO Box 240, 00121 Helsinki 12, Finland;
(27) Sunila Oy, Sunila, Finland;
(28) Veitsiluoto Oy, 94800 Kemi 80, Finland;
(29) Finncell, Eteläesplanadi 2, 00101 Helsinki, Finland;
(30) Billerud-Uddeholm, Järnvägsgatan 11, 66100 Säffle, Sweden;
(31) Iggesunds Bruk AB, PO Box 15, 82500 Iggesund, Sweden;
(32) Kopparfors AB, PO Box 201, 81600 Ockelbo, Sweden;
(33) Korsnäs-Marma AB, 80111 Gävle, Sweden;
(34) MoDoCell AB, PO Box 500, 89101 Ornsköldsvik, Sweden;
(35) Norrlands Skogsägares Cellulosa AB, John Ekmans väg 1, 87302 Väja, Sweden;
(36) Södra Skogsägarna AB, 35189 Växjo, Sweden;
(37) Stora Kopparbergs-Bergslags AB, Fack, 79180 Falun, Sweden;
(38) Svenska Cellulosa AB (SCA), Fack, 85188 Sundsvall, Sweden;
(39) Uddeholm AB, 68305 Hagfors, Sweden;
(40) Svenska Cellulosa - Och Papperbruks Föreningen, Villagatan 1, 11432 Stockholm, Sweden;
(41) Borregaard AS, Postboks 162, 1701 Sarpsborg, Norway;
(42) Portucel, Empresa de celulose e papel de Portugal EP, rua Joaquim Antonio de Aguiar 3, Lisboa 1000, Portugal;
(43) Empresa nacional de celulosas SA (ENCE), Juan Bravo 49 Dpdo, Madrid 6, Spain.
This Decision is enforceable pursuant to Article 192 of the EEC Treaty.
Done at Brussels, 19 December 1984.
For the Commission
Frans ANDRIESSEN
Member of the Commission
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Supplementary provisions
ANNEXSupplementary provisions
Undertaking
1. In respect of bleached sulphate wood pulp transactions the subject of the proceedings the firms listed in Annex A undertake in good faith: (a) that they will quote, sell and invoice at least 50 % of the total volume of the bleached sulphate wood pulp which they produce and sell to customers located in the European Economic Community in the currency of the buyer, such sales to be effected throughout the year and in at least half of the Member States or in at least two-thirds of the Member States in which they sell such pulp, whichever is less;
(b) - for the Swedish enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC either in Swedish kronor or in any EEC currency,
- for the Finnish enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC in any currency other than US dollars or Swedish kronor,
- for the US enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC either in US dollars or in the currency of the buyer,
- for the Canadian enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC either in US dollars, in Canadian dollars or in the currency of the buyer;
(c) that they will not generally quote prices to the public or to customers on a quarterly or other regular predetermined basis but that they will otherwise quote prices which are to remain effective until further notice;
(d) that they will not impose export or resale bans on buyers of bleached sulphate wood pulp in contravention of Article 85 (1) of the EEC Treaty;
(e) that the Swedish and the Finnish enterprises will not exchange information on prices or other confidential information related to the sales of bleached sulphate wood pulp and will not concert on these prices within the framework of Fides in contravention of Article 85 (1) of the EEC Treaty and that they will endeavour to ensure that provisions to similar effect will be incorporated in the rules of Fides;
(f) that those enterprises which are members of KEA will give and comply with the undertaking set forth in the letter sent on their behalf to the Commission on 20 July 1984;
(g) that they will not disclose information as to bleached sulphate wood pulp prices in contravention of the provisions of the supplementary undertaking attached hereto;
(h) that they will keep all documents referring to the sale of bleached sulphate wood pulp produced by them to customers located in the EEC during the minimum period of validity of the undertaking specified in paragraph 2 for a period of not less than two complete calendar years and will make such documents available to the Commission to enable it to supervise the observance of the terms of this undertaking.
2. This undertaking will come into force for all sales and price announcements made after 31 March 1985. In relation to currencies it will remain in force with respect to each of the firms listed in Annex A until one year after notice by any such firm to the Commission of such firm's intent not to comply any longer with the terms of this undertaking, such notice not to be given before 1 April 1989.
3. In relation to currencies any firm will be entitled to suspend the undertaking (without thereby withdrawing from the undertaking) to the extent that and for so long as the observance of the undertaking would place such firm at a competitive disadvantage and such firm would, during such suspension, be entitled to quote, sell and invoice in currencies not permitted by the settlement. Any such suspension shall become effective upon the Commission's agreeing thereto or three months after written notice thereof shall have been given to the Commission unless the Commission notifies the firm concerned within such period that it does not accept that the competitive disadvantage exists. Any such suspension shall be for a period of three months (or such shorter period as the Commission may stipulate) unless the Commission shall agree to an extension or renewal thereof.
Undertaking for eschewing publicity for pulp prices
An undertaking shall not disclose its present or proposed EEC pulp prices to, or discuss them with, any person or entity who is not: (a) an agent or other person or entity within the undertaking's sales and distribution system;
(b) an actual or potential customer;
(c) a final institution with a legitimate interest in the undertaking's prices;
(d) an entity which supplies materials to the undertaking under an arrangement which requires the entity to obtain information as to the undertaking's pulp prices;
(e) an accountant or other consultant who performs services for the undertaking and has a legitimate interest in the undertaking's prices ; or
(f) another person or entity which has a legitimate interest in the undertaking's prices and as to which such a disclosure or discussion does not have anti-competitive effects within the EEC.
The foregoing is without prejudice: 1. to an undertaking's right to answer inquiries from the press or financial or securities analysts about economic conditions and general price levels in the pulp and paper industries (without disclosing the prices charged to named EEC customers);
2. to such an undertaking's right to conduct discussions of pricing or market conditions either internally or with an affiliated entity in which it holds on ownership interest of 50 % or more, or which is owned 50 % or more by a common parent;
3. to such an undertaking's compliance with applicable laws and regulations and generally accepted accounting principles.
ANNEX A
The following addressees of the Decision have given the undertaking: - British Columbia Forest Products Ltd,
- Canfor Corporation,
- MacMillan Bloedel Ltd,
- Weldwood of Canada Ltd,
- Westar Timber Ltd,
- Chesapeake Corporation,
- Crown Zellerbach Corporation,
- Federal Paper Board Company Incorporated,
- Georgia-Pacific Corporation,
- ITT Rayonier Incorporated,
- The Mead Corporation,
- Scott Paper Company,
- Weyerhaeuser Company,
- Pulp, Paper and Paperboard Export Association of the United States (KEA),
- A. Ahlström Oy,
- Enso-Gutzeit Oy,
- Joutseno-Pulp Oy,
- Kaukas AB Oy,
- Kemi Oy,
- Metsä-Botnia AB Oy,
- Metsaliiton Teollisuus Oy,
- Oulu Oy,
- Wilh. Schauman AB Oy,
- Sunila Oy,
- Veitsiluoto Oy,
- Finncell,
- Billerud AB,
- Iggesunds Bruk AB,
- Kopparfors AB,
- Korsnäs-Marma AB,
- MoDoCell AB,
- Norrlands Skogsägares Cellulosa AB,
- Stora Kopparbergs Bergslags AB,
- Svenska Cellulosa AB (SCA),
- Södra Skogsägarna AB,
- Uddeholms AB,
- Svenska Cellulosa - Och Papperbruks Föreningen.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
