Commission Decision of 19 December 1990 relating to a proceeding under Article 85 of the EEC Treaty (IV/33.133-A: Soda-ash - Solvay, ICI) (Only the English and French texts are authentic)

• Articles: 5

Article 1

Solvay et Cie SA ('Solvay`) and Imperial Chemical Industries plc ('ICI`) infringed Article 85 of the EEC Treaty by participating since 1 January 1973 until at least the institution of the present proceedings in a concerted practice by which they confined their soda-ash sales in the Community to their respective home markets, namely continental western Europe for Solvay and the United Kingdom and Ireland for ICI.

Article 2

Solvay and ICI shall forthwith bring the infringement to an end (if they have not done so already) and shall in the future refrain from any agreement or concerted practice which may have the same or the equivalent object or effect.

Article 3

The following fines are imposed upon the undertakings named herein in respect of the infringement found in Article 1:

(a) Solvay et Cie, Brussels, a fine of ECU 7 million;

(b) Imperial Chemical Industries plc, London, a fine of ECU 7 million.

Article 4

The fines imposed under Article 3 shall be paid within three months of the date of notification of this Decision to the following bank account:

N° 310-0933000-43,

Banque Bruxelles Lambert,

Agence Européenne,

Rond Point Schuman, 5,

B-1040 Brussels.

On 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 was adopted, plus 3,5 percentage points, i.e. 14 %.

Should payment be made in the national currency of the Member State in which the bank nominated for payment is situated, the exchange rate applicable shall be that prevailing on the day preceeding payment.

Article 5

This Decision is addressed to:

- Solvay et Cie SA, rue du Prince Albert 33, B-1050 Brussels;

- Imperial Chemical Industries plc, Millbank, UK-London SW1P 3JF.

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

Done at Brussels, 19 December 1990.

For the Commission Leon BRITTAN Vice-President

(1) OJ No 13, 21. 2. 1962, p. 204/62.

(2) OJ No 127, 20. 8. 1963, p. 2268/63.

(1) OJ N° L 206, 2. 8. 1984, p. 15.

(2) OJ N° L 311, 29. 11. 1984, p. 26.

(3) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation N° 17 concerning non-disclosure of business secrets.

(4) OJ N° L 283, 16. 10. 1990, p. 38.

(5) See page 54 of this Official Journal.

(1) Emphasis added.

(1) 'SAP` = ICI Soda Ash Products.

(1) OJ N° L 35, 7. 2. 1985, p. 1.

(1) See A. Cournot, Researches into the Mathematical Principles of the Theory of Wealth (1938).

(2) J. Von Neumann and O. Morgenstern, Theory of Games and Economic Behaviour (1944).

(1) [1976] ECR 811.

(2) [1972] ECR 619.

(3) [1975] ECR 1663.

(1) For the purposes of the present case, the Commission does not consider the Solvay/ICI 'PFR` arrangements as constituing per se infringements of Article 85: rather they are indicative of (a) the close commercial relationship between the two producers in the soda-ash field, and (b) a shared concern to maintain the status quo, and are part and parcel of a wider concertation to eliminate competition between them: (e.g. Suiker Unie v. Commission, at recital 182; Joined Cases 29 and 30/83 Cram and Rheinzink v. Commission [1984] ECR 1679.

(1) OJ N° L 195, 7. 8. 1969, p. 11.

(2) OJ N° L 230, 18. 8. 1986, p. 1.

(3) OJ N° L 74, 17. 3. 1989, p. 1.

(4) OJ N° L 74, 17. 3. 1989, p. 21.