89/22/EEC: Commission Decision of 5 December 1988 relating to a proceeding under Article 86 of the EEC Treaty (IV/31.900, BPB Industries plc) (Only the English text is authentic)

• Articles: 6

Article 1

Between July 1985 and August 1986 British Gypsum Ltd infringed Article 86 of the EEC Treaty by abusing its dominant position in the supply of plasterboard in Great Britain through a scheme of payments to builders' merchants who agreed to purchase plasterboard exclusively from British Gypsum Ltd.

Article 2

In July and August 1985 British Gypsum Ltd infringed Article 86 of the EEC Treaty by implementing a policy of favouring customers who were not trading in imported plasterboard in the provision of priority orders for the supply of building plasters at a time of extended delivery for that product which constituted an abuse of its dominant position in the supply of plasterboard in Great Britain.

Article 3

BPB Industries plc, through its subsidiary British Gypsum Ltd, infringed Article 86 of the EEC Treaty by abusing its dominant position in the supply of plasterboard in Ireland and Northern Ireland:

- in June and July 1985 by successfully applying pressure on and thereby procuring the agreement of a consortium of importers to renounce importing plasterboard into Northern Ireland,

- by a series of rebates on BG products supplied to builders' merchants in Northern Ireland between June and December 1985 conditional on their not handling any importered plasterboard.

Article 4

The following fines are imposed:

- on British Gypsum Ltd, a fine of ECU 3 million in respect of the infringements of Article 86 of the EEC Treaty referred to in Article 1,

- on BPB Industries plc, a fine of ECU 150 000 in respect of the infringements of Article 86 of the EEC Treaty referred to in Article 3.

Article 5

The fines shall be paid into:

(a) Account No 59000204, Commission of the European Communities (for payment in ecus), Lloyds Bank plc, The Manager, Payments Section, Overseas Centre, PO box 63, 38a Paradise Street, UK-Birmingham BI 2AB; or

(b) Account No 108.63.41, Commission of the European Communities (for payment in pounds sterling), Lloyds Bank plc, Overseas Department, PO box 19, 6 Eastcheap, UK-London EC39 3AB

within three months from the date of notification of this Decision. After the expiry of that period interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ecu operations on the first working day of the month in which this Decision is adopted plus 3,5 percentage points, i.e. 7,5 %.

Should payments be made in pounds sterling the exchange rate applicable shall be that prevailing on the day preceding payment.

Article 6

This Decision is addressed to:

BPB Industries plc,

Langley Park House,

Uxbridge Road,

UK-Slough SL3 6DU,

and

British Gypsum Ltd,

Ruddington Hall,

Loughborough Road,

Ruddington,

UK-Nottingham NG11 6LX.

This Decision shall be enforceable pursuant to Article 192 of the EEC Treaty.

Done at Brussels, 5 December 1988.

For the Commission

Peter SUTHERLAND

Member of the Commission