Commission Decision of 19 December 1990 relating to a proceeding under Article 85 of the EEC Treaty (IV/33.133-B: Soda-ash - Solvay, CFK) (Only the German and French texts are authentic)
Data as of 2026-07-04 Β· Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Β· Read the official text β
Solvay et Cie (SA ('Solvay`) and Chemische Fabrik Kalk GmbH ('CFK`) infringed Article 85 of the EEC Treaty by participating from about 1987 until the present time in a market-sharing agreement by which Solvay guaranteed to CFK a minimum annual sales tonnage of soda-ash in Germany calculated by reference to CFK's achieved sales in 1986, and compensated CFK for any shortfall by purchasing from it the tonnages required to bring its sales to the guaranteed minimum.
Solvay and CFK shall forthwith bring the infringement to an end (if they have not already done so) and shall in the future refrain from any agreement or concerted practice which may have the same or the equivalent object or effect.
The following fines are imposed upon the undertakings named herein in respect of the infringement found in Article 1 hereof: (a) Solvay et Cie, Brussels a fine of ECU 3 million, (b) Chemische Fabrik Kalk, of Cologne, a fine of ECU 1 million.
The fines imposed by Article 3 shall be paid within three months of the date of notification of this Decision to the following bank account: NΒ° 310-0933000-43, Banque Bruxelles Lambert, Agence EuropΓ©enne, 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.
This Decision is addressed to: - Solvay et Cie SA, 33 rue du Prince Albert, B-1050 Brussels; - Chemische Fabrik Kalk GmbH, Kalker Hauptstrasse 22, D-5000 Cologne 91. 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. (3) See page 1 of this Official Journal. (1) [1975] ECR 1663, paragraph 164. (1) OJ NΒ° L 35, 7. 2. 1985, p. 1. (2) OJ NΒ° L 230, 18. 8. 1986, p. 1. (3) OJ NΒ° L 74, 17. 3. 1989, p. 1.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.