94/601/EC: Commission Decision of 13 July 1994 relating to a proceeding under Article 85 of the EC Treaty (IV/C/33.833 - Cartonboard) (Only the German, English, Spanish, French, Italian and Dutch texts are authentic)

Decision · 7 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Buchmann GmbH, Cascades SA, Enso-Gutzeit Oy, Europa Carton AG, Finnboard - the Finnish Board Mills Association, Fiskeby Board AB, Gruber & Weber GmbH & Co KG, Kartonfabriek 'de Eendracht' NV (trading as BPB de Eendracht NV), NV Koninklijke KNP BT NV (formerly Koninklijke Netherlandse Papierfabrieken NV), Laakmann Karton GmbH & Co Kg, Mo Och Domsjoe AB (MoDo), Mayr-Melnhof Gesellschaft mbH, Papeteries de Lancey SA, Rena Kartonfabrik A/S, Sarrió SpA, SCA Holding Ltd (formerly Reed Paper & Board (UK) Ltd), Stora Kopparbergs Bergslags AB, Enso Española SA (formerly Tampella Española SA) and Moritz J. Weig GmbH & Co KG have infringed Article 85 (1) of the EC Treaty by participating, - in the case of Buchmann and Rena from about March 1988 until at least the end of 1990, - in the case of Enso Española, from at least March 1988 until at least the end of April 1991, - in the case of Gruber & Weber from at least 1988 until late 1990, - in the other cases, from mid-1986 until at least April 1991, in an agreement and concerted practice originating in mid-1986 whereby the suppliers of cartonboard in the Community - met regularly in a series of secret and institutionalized meetings to discuss and agree a common industry plan to restrict competition, - agreed regular price increases for each grade of the product in each national currency, - planned and implemented simultaneous and uniform price increases throughout the Community, - reached an understanding on maintaining the market shares of the major producers at constant levels, subject to modification from time to time, - increasingly from early 1990, took concerted measures to control the supply of the product in the Community in order to ensure the implementation of the said concerted price rises, - exchanged commercial information on deliveries, prices, plant standstills, order backlogs and machine utilization rates in support of the above measures.

Article 2

The undertakings named in Article 1 shall forthwith bring the said infringement to an end, if they have not already done so. They shall henceforth refrain in relation to their cartonboard activities from any agreement or concerted practice which may have the same or a similar object or effect, including any exchange of commercial information (a) by which the participants are directly or indirectly informed of the production, sales, order backlog, machine utilization rates, selling prices, costs or marketing plans of other individual producers; or (b) by which, even if no individual information is disclosed, a common industry response to economic conditions as regards price or the control of production is promoted, facilitated or encouraged; or (c) by which they might be able to monitor adherence to or compliance with any express or tacit agreement regarding prices or market sharing in the Community. Any scheme for the exchange of general information to which they subscribe, such as the Fides system or its successor, shall be so conducted as to exclude not only any information from which the behaviour of individual producers can be identified but also any data concerning the present state of the order inflow and backlog, the forecast utilization rate of production capacity (in both cases, even if aggregated) or the production capacity of each machine. Any such exchange system shall be limited to the collection and dissemination in aggregated form of production and sales statistics which cannot be used to promote or facilitate common industry behaviour. The undertakings are also required to abstain from any exchange of information of competitive significance in addition to such permitted exchange and from any meetings or other contact in order to discuss the significance of the information exchanged or the possible or likely reaction of the industry or of individual producers to that information. A period of three months from the date of the communication of this Decision shall be allowed for the necessary modifications to be made to any system of information exchange.

Article 3

The following fines are hereby imposed on the undertakings named herein in respect of the infringement found in Article 1: (i) Buchmann GmbH, a fine of ECU 2 200 000; (ii) Cascades SA, a fine of ECU 16 200 000; (iii) Enso-Gutzeit Oy, a fine of ECU 3 250 000; (iv) Europa Carton AG, a fine of ECU 2 000 000; (v) Finnboard - the Finnish Board Mills Association, a fine of ECU 20 000 000, for which Oy Kyto AB is jointly and severally liable with Finnboard in the sum of ECU 3 000 000, Metsae-Serla Oy in the sum of ECU 7 000 000, Tampella Corporation in the sum of ECU 5 000 000 and United Paper Mills Ltd in the sum of ECU 5 000 000; (vi) Fiskeby Board AB, a fine of ECU 1 000 000; (vii) Gruber & Weber GmbH & Co KG, a fine of ECU 1 000 000; (viii) Kartonfabriek 'De Eendracht' NV (trading as 'BPB de Eendracht'), a fine of ECU 1 750 000; (ix) NV Koninklijke KNP BT NV, a fine of ECU 3 000 000; (x) Laakmann Karton GmbH & Co KG, a fine of ECU 2 200 000; (xi) Mayr-Melnhof Karton Gesellschaft mbH, a fine of ECU 21 000 000; (xii) Mo Och Domsjoe AB, a fine of ECU 22 750 000; (xiii) Papeteries de Lancey SA, a fine of ECU 1 500 000; (xiv) Rena Kartonfabrik A/S, a fine of ECU 200 000; (xv) Sarrió SpA, a fine of ECU 15 500 000; (xvi) SCA Holding Ltd, a fine of ECU 2 200 000; (xvii) Stora Kopparbergs Bergslags AB, a fine of ECU 11 250 000; (xviii) Enso Española SA, a fine of ECU 1 750 000; (xix) Moritz J. Weig GmbH & Co KG, a fine of ECU 3 000 000.

Article 4

The fines imposed under Article 3 shall be payable in ecu within three months of the date of notification of this Decision to the following bank account of the Commission of the European Communities: 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 Institute on its ecu operations in the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, namely 9,25 %.

Article 5

This Decision is addressed to: - Buchmann GmbH, D-76857 Rinnthal, - Cascades SA, les Mercuriales, Tour Ponant, 40 rue Jean-Jaurès, F-93176 Bagnolet Cedex, - Enso-Gutzeit Oy, Kanavaranta 1, SF-00160 Helsinki, - Europa Carton AG, Spitalerstrasse 11, D-20095 Hamburg, - Finnboard - the Finnish Board Mills Association, Etelaeesplanadi 2, SF-00130 Helsinki, - Oy Kyro Ab, SF-39200 Kyroeskoski, - Metsae-Serla Oy, Fabianinkatu 8, SF-00130 Helsinki, - Tampella Corporation, PO Box 256, Lapintie 1, SF-33101 Tampere, - United Paper Mills, PO Box 40, SF-37601 Valkeakoski, - Fiskeby Board AB, Box 1, Fiskeby, S-60102 Norrkoeping, - Gruber & Weber GmbH & Co KG, D-76593 Gernsbach, - Kartonfabriek 'de Eendracht' NV (trading as BPB de Eendracht), Woldweg 18, NL-9902 AG Appingedam, - NV Koninklijke KNP BT NV, Paalbergweg 2, NL-1105 AG Amsterdam 20, - Laakmann Karton GmbH & Co KG, Bonsfelderstrasse 1-4, D-42555 Velbert, - Mo Och Domsjoe AB, Strandvaegen 1, S-11484 Stockholm, - Mayr-Melnhof Karton Gesellschaft mbH, Brahmsplatz 6, A-1041 Vienna, - Papeteries de Lancey SA, rue du Petit Clamart, F-78140 Vélizy Villacoublay, - Rena Kartonfabrik A/S, N-2451 Rena, - Sarrió SpA, Via G. de Medici 17, I-20013 Pontenuovo-Magenta (Milano), - SCA Holding Ltd, New Hythe House, Aylesford, Maidstone Kent ME20 7PB, - Stora Kopparbergs Bergslags AB, S-79180 Falun, - Enso Española SA, Carretera N-2 Km 592, 6, E-08755 Castellbisbai, - Moritz J. Weig GmbH & Co KG, Polcherstrasse 113, D-56727 Mayen. This Decision is enforceable pursuant to Article 192 of the Treaty. Done at Brussels, 13 July 1994. For the Commission Karel VAN MIERT Member of the Commission Table 1 Production, sales and consumption of cartonboard (1990) "(in '000 tonnes) """ ID="1">- > ID="2">24,4 > ID="3">6,4 > ID="4">30,8 > ID="5">30,7 > ID="6">22,3 > ID="7">0,9 > ID="8">- > ID="9">23,2 > ID="10">- > ID="11">16,3 > ID="12">40,2 > ID="13">56,5 > ID="14">6,7 > ID="15">20,2 > ID="16">8,3 > ID="17">35,2 > ID="18">- > ID="19">5,2 > ID="20">2,4 > ID="21">7,6 > ID="22">99,3 > ID="23">6,7 > ID="24">41,7 > ID="25">50,9 "> ID="1">- > ID="2">- > ID="3">- > ID="4">- > ID="5">- > ID="6">- > ID="7">- > ID="8">- > ID="9">- > ID="10">- > ID="11">0,7 > ID="12">7,3 > ID="13">8,0 > ID="14">10,0 > ID="15">22,1 > ID="16">15,4 > ID="17">47,5 > ID="18">- > ID="19">- > ID="20">- > ID="21">- > ID="22">55,5 > ID="23">10,0 > ID="24">22,8 > ID="25">22,7 "> ID="1">- > ID="2">205,4 > ID="3">656,8 > ID="4">862,2 > ID="5">861,7 > ID="6">217,6 > ID="7">20,3 > ID="8">101,4 > ID="9">339,3 > ID="10">- > ID="11">21,7 > ID="12">76,3 > ID="13">98,0 > ID="14">81,7 > ID="15">86,8 > ID="16">70,1 > ID="17">238,6 > ID="18">- > ID="19">132,6 > ID="20">386,1 > ID="21">518,7 > ID="22">855,3 > ID="23">81,7 > ID="24">241,1 > ID="25">532,5 "> ID="1">5,0 > ID="2">46,7 > ID="3">229,3 > ID="4">281,0 > ID="5">276,5 > ID="6">57,8 > ID="7">1,2 > ID="8">53,9 > ID="9">112,9 > ID="10">- > ID="11">8,3 > ID="12">4,5 > ID="13">12,8 > ID="14">16,4 > ID="15">18,2 > ID="16">0,4 > ID="17">35,0 > ID="18">4,1 > ID="19">35,3 > ID="20">123,4 > ID="21">162,8 > ID="22">210,6 > ID="23">20,5 > ID="24">61,8 > ID="25">128,3 "> ID="1">- > ID="2">167,4 > ID="3">143,6 > ID="4">311,0 > ID="5">301,9 > ID="6">99,9 > ID="7">2,0 > ID="8">20,0 > ID="9">121,9 > ID="10">- > ID="11">43,8 > ID="12">136,7 > ID="13">180,5 > ID="14">27,8 > ID="15">79,9 > ID="16">33,7 > ID="17">141,4 > ID="18">0,2 > ID="19">97,3 > ID="20">82,4 > ID="21">179,9 > ID="22">501,8 > ID="23">28,0 > ID="24">221,0 > ID="25">252,8 "> ID="1">- > ID="2">- > ID="3">- > ID="4">- > ID="5">- > ID="6">- > ID="7">- > ID="8">- > ID="9">- > ID="10">- > ID="11">2,1 > ID="12">8,4 > ID="13">10,5 > ID="14">5,1 > ID="15">6,5 > ID="16">2,7 > ID="17">14,3 > ID="18">- > ID="19">- > ID="20">- > ID="21">- > ID="22">24,8 > ID="23">5,1 > ID="24">8,6 > ID="25">11,1 "> ID="1">- > ID="2">- > ID="3">- > ID="4">- > ID="5">- > ID="6">- > ID="7">- > ID="8">- > ID="9">- > ID="10">- > ID="11">3,7 > ID="12">4,5 > ID="13">8,2 > ID="14">5,5 > ID="15">12,8 > ID="16">0,9 > ID="17">19,2 > ID="18">- > ID="19">- > ID="20">- > ID="21">- > ID="22">27,4 > ID="23">5,5 > ID="24">16,5 > ID="25">5,4 "> ID="1">- > ID="2">49,5 > ID="3">537,4 > ID="4">586,9 > ID="5">588,3 > ID="6">107,9 > ID="7">2,9 > ID="8">51,3 > ID="9">162,1 > ID="10">- > ID="11">21,2 > ID="12">10,2 > ID="13">31,4 > ID="14">18,6 > ID="15">21,9 > ID="16">30,8 > ID="17">71,3 > ID="18">- > ID="19">41,7 > ID="20">384,5 > ID="21">426,2 > ID="22">528,9 > ID="23">18,6 > ID="24">84,8 > ID="25">425,5 "> ID="1">- > ID="2">32,0 > ID="3">100,7 > ID="4">132,7 > ID="5">127,2 > ID="6">85,1 > ID="7">4,3 > ID="8">5,6 > ID="9">95,0 > ID="10">- > ID="11">20,6 > ID="12">36,8 > ID="13">57,4 > ID="14">23,0 > ID="15">28,1 > ID="16">19,6 > ID="17">70,7 > ID="18">- > ID="19">10,9 > ID="20">21,1 > ID="21">32,0 > ID="22">160,1 > ID="23">23,0 > ID="24">59,6 > ID="25">77,5 "> ID="1">- > ID="2">- > ID="3">- > ID="4">- > ID="5">- > ID="6">- > ID="7">- > ID="8">- > ID="9">- > ID="10">- > ID="11">6,1 > ID="12">14,3 > ID="13">20,4 > ID="14">0,9 > ID="15">4,3 > ID="16">1,3 > ID="17">6,5 > ID="18">- > ID="19">- > ID="20">- > ID="21">- > ID="22">26,9 > ID="23">0,9 > ID="24">10,4 > ID="25">15,6 "> ID="1">- > ID="2">178,8 > ID="3">50,8 > ID="4">229,6 > ID="5">225,3 > ID="6">30,0 > ID="7">2,7 > ID="8">10,6 > ID="9">43,3 > ID="10">- > ID="11">40,6 > ID="12">95,0 > ID="13">135,6 > ID="14">41,0 > ID="15">199,8 > ID="16">36,8 > ID="17">277,6 > ID="18">- > ID="19">139,4 > ID="20">42,6 > ID="21">182,0 > ID="22">595,2 > ID="23">41,0 > ID="24">379,8 > ID="25">174,4 "> ID="1">5,0 > ID="2">704,2 > ID="3">1 725,0 > ID="4">2 434,2 > ID="5">2 411,6 > ID="6">620,6 > ID="7">34,3 > ID="8">242,8 > ID="9">897,7 > ID="10">- > ID="11">185,1 > ID="12">434,2 > ID="13">619,3 > ID="14">236,7 > ID="15">500,6 > ID="16">220,0 > ID="17">957,3 > ID="18">4,3 > ID="19">462,4 > ID="20">1 042,5 > ID="21">1 509,2 > ID="22">3 085,8 > ID="23">241,0 > ID="24">1 148,1 > ID="25">1 696,7 "> ID="1">229,8 > ID="2">326,2 > ID="3">99,1 > ID="4">655,1 > ID="5">649,1 > ID="6">418,9 > ID="7">66,5 > ID="8">85,4 > ID="9">570,8 > ID="10">- > ID="11">2,0 > ID="12">3,6 > ID="13">5,6 > ID="14">1,1 > ID="15">7,0 > ID="16">1,0 > ID="17">9,1 > ID="18">11,4 > ID="19">36,1 > ID="20">30,6 > ID="21">78,1 > ID="22">92,8 > ID="23">12,5 > ID="24">45,1 > ID="25">35,2 "> ID="1">- > ID="2">20,6 > ID="3">- > ID="4">20,6 > ID="5">19,3 > ID="6">13,4 > ID="7">0,7 > ID="8">1,5 > ID="9">15,6 > ID="10">- > ID="11">0,7 > ID="12">1,6 > ID="13">2,3 > ID="14">2,4 > ID="15">8,0 > ID="16">2,6 > ID="17">13,0 > ID="18">- > ID="19">3,7 > ID="20">- > ID="21">3,7 > ID="22">19,0 > ID="23">2,4 > ID="24">12,4 > ID="25">4,2 "> ID="1">125,5 > ID="2">504,6 > ID="3">2,0 > ID="4">632,1 > ID="5">603,2 > ID="6">337,3 > ID="7">24,3 > ID="8">189,2 > ID="9">550,8 > ID="10">- > ID="11">- > ID="12">0,8 > ID="13">0,8 > ID="14">2,2 > ID="15">1,7 > ID="16">3,4 > ID="17">7,3 > ID="18">14,6 > ID="19">37,6 > ID="20">0,2 > ID="21">52,4 > ID="22">60,5 > ID="23">16,8 > ID="24">39,3 > ID="25">4,4 "> ID="1">- > ID="2">- > ID="3">339,0 > ID="4">339,0 > ID="5">336,4 > ID="6">134,4 > ID="7">11,9 > ID="8">108,4 > ID="9">254,7 > ID="10">- > ID="11">4,9 > ID="12">9,2 > ID="13">14,1 > ID="14">6,5 > ID="15">11,1 > ID="16">1,9 > ID="17">19,5 > ID="18">- > ID="19">- > ID="20">81,7 > ID="21">81,7 > ID="22">115,3 > ID="23">6,5 > ID="24">16,0 > ID="25">92,8 "> ID="1">- > ID="2">10,2 > ID="3">87,2 > ID="4">97,4 > ID="5">98,0 > ID="6">53,0 > ID="7">2,5 > ID="8">4,1 > ID="9">59,6 > ID="10">- > ID="11">5,2 > ID="12">4,0 > ID="13">9,2 > ID="14">20,4 > ID="15">25,1 > ID="16">11,5 > ID="17">57,0 > ID="18">- > ID="19">5,3 > ID="20">33,1 > ID="21">38,4 > ID="22">104,6 > ID="23">20,4 > ID="24">35,6 > ID="25">48,6 "> ID="1">355,3 > ID="2">861,6 > ID="3">527,3 > ID="4">1 744,2 > ID="5">1 706,0 > ID="6">957,0 > ID="7">105,9 > ID="8">388,6 > ID="9">1 451,5 > ID="10">- > ID="11">12,8 > ID="12">19,2 > ID="13">32,0 > ID="14">32,6 > ID="15">52,9 > ID="16">20,4 > ID="17">105,9 > ID="18">26,0 > ID="19">82,7 > ID="20">145,6 > ID="21">254,3 > ID="22">392,2 > ID="23">58,6 > ID="24">148,4 > ID="25">185,2 "> ID="1">360,3 > ID="2">1 565,8 > ID="3">2 252,3 > ID="4">4 178,4 > ID="5">4 117,6 > ID="6">1 577,6 > ID="7">140,2 > ID="8">631,4 > ID="9">2 349,2 > ID="10">- > ID="11">197,9 > ID="12">453,4 > ID="13">651,3 > ID="14">269,3 > ID="15">553,5 > ID="16">240,4 > ID="17">1 063,2 > ID="18">30,3 > ID="19">545,1 > ID="20">1 188,1 > ID="21">1 763,5 > ID="22">3 478,0 > ID="23">299,6 > ID="24">1 296,5 > ID="25">1 881,9 ""Source: PG Paperboard information exchange. > Table 2 Attendance at PWG meetings from November 1989 """ ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">absent > ID="9">× "> ID="1">×* > ID="2">× > ID="3">× > ID="4">×* > ID="5">×* > ID="6">× > ID="7">no info > ID="8">× > ID="9">× "> ID="1">×* > ID="2">× > ID="3">× > ID="4">×* > ID="5">×* > ID="6">× > ID="7">no info > ID="8">× > ID="9">× "> ID="1">absent? > ID="2">no info > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">no info > ID="9">× "> ID="1">×* > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× "> ID="1">× > ID="2">? > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">denied > ID="8">denied > ID="9">denied (28) "> ID="1">×* > ID="2">? > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">absent "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">no info > ID="8">× > ID="9">absent ""× = presence at PWG admitted. ×* = probably present at PWG owing to attendance at President Conference on same day. > Table 3 Attendance at President Conferences >(29)"(30)(31)(32)(33)(34)"> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6"" ID="7">× "> ID="2"" ID="3">× "> ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="2">× > ID="3"" ID="4"" ID="5"" ID="6">× > ID="7">× > ID="8">× > ID="9">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5"" ID="6">× > ID="7"" ID="8"" ID="9">? > ID="10"" ID="11">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8"" ID="9">? > ID="10">× > ID="11">× "> ID="1">× > ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">? > ID="10">× > ID="11">× "> ID="1">× > ID="2"" ID="3"" ID="4">× > ID="5"" ID="6"" ID="7">× > ID="8"" ID="9">× > ID="10">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2">× > ID="3">× > ID="4"" ID="5">× > ID="6">× > ID="7">× > ID="8"" ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7">× > ID="8"" ID="9">? > ID="10">× > ID="11">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6"" ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="2"" ID="3"" ID="4">× > ID="5">× > ID="6">× > ID="7"" ID="8">× > ID="9">× > ID="10">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2"" ID="3">× > ID="4"" ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9">× > ID="10"" ID="11">× "> ID="1">× > ID="2"" ID="3"" ID="4"" ID="5">× > ID="6">× > ID="7"" ID="8">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× "> ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7"" ID="8"" ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× "> ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7">× "> ID="2"" ID="3"" ID="4"" ID="5">× > ID="6">× > ID="7">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2">× > ID="3"" ID="4">× > ID="5">× > ID="6"" ID="7">× > ID="8">? > ID="9">× > ID="10">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">? > ID="10">× > ID="11">× ""> Table 4 Participation in known JMC meetings "" ID="1">13 January 1988 > ID="5">× > ID="18">× "> ID="1">5 February 1988 > ID="18">× "> ID="1">17 February 1988 > ID="18">× "> ID="1">16-17 March 1988 > ID="2">× > ID="4">× > ID="18">× "> ID="1">11 May 1988 > ID="18">× "> ID="1">1 June 1988 > ID="18">× "> ID="1">28-29 June 1988 > ID="4">× > ID="14">× > ID="21">× "> ID="1">31 August 1988 > ID="2">× > ID="4">× > ID="5">× "> ID="1">20 September 1988 > ID="11">× > ID="18">× "> ID="1">4 November 1988 > ID="18">× "> ID="1">13 December 1988 > ID="18">× "> ID="1">8-9 February 1989 > ID="4">× > ID="6">× > ID="7">× > ID="12">× > ID="18">× > ID="20">× "> ID="1">3-4 April 1989 > ID="5">× > ID="9">× > ID="12">× > ID="18">× "> ID="1">27-28 June 1989 > ID="4">× > ID="6">× > ID="12">× > ID="13">× > ID="14">× > ID="18">× > ID="21">× "> ID="1">6-7 September 1989 > ID="4">× > ID="6">× > ID="12">× > ID="13">× > ID="16">× > ID="17">× > ID="18">× > ID="19">× > ID="20">× "> ID="1">16 October 1989 > ID="12">× > ID="13">× "> ID="1">23 October 1989 > ID="4">× > ID="7">× > ID="12">× > ID="13">× > ID="18">× "> ID="1">29 November 1989 > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="12">× > ID="13">× "> ID="1">6-7 February 1990 > ID="3">× > ID="4">× > ID="6">× > ID="7">× > ID="8">× > ID="12">× > ID="13">× > ID="16">× > ID="19">× > ID="20">× "> ID="1">4-5 April 1990 > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">? > ID="12">× > ID="13">× > ID="19">× > ID="20">× "> ID="1">14 May 1990 > ID="3">× > ID="4">× > ID="8">× > ID="12">× "> ID="1">28 June 1990 > ID="6">× > ID="11">× > ID="12">× > ID="13">× > ID="15">× "> ID="1">4 September 1990 > ID="3">× > ID="4">× > ID="5">× > ID="8">× > ID="12">× > ID="15">× > ID="20">× > ID="21">× "> ID="1">6 September 1990 > ID="6">× > ID="12">× > ID="13">× > ID="16">× > ID="19">× "> ID="1">8-9 October 1990 > ID="3">× > ID="4">× > ID="6">× > ID="8">? > ID="12">× > ID="13">× > ID="15">× > ID="16">× > ID="19">× > ID="20">× "> ID="1">19-20 November 1990 > ID="3">× > ID="4">× > ID="6">× > ID="8">? > ID="9">× > ID="12">× > ID="13">× > ID="21">× "> ID="1">29-30 January 1991 > ID="3">× > ID="4">× > ID="6">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="19">× > ID="20">× > ID="21">× "> ID="1">5 March 1991 > ID="3">× > ID="4">× > ID="6">× > ID="12">× > ID="13">× > ID="14">× > ID="19">× > ID="20">× "> ID="1">10 April 1991 > ID="3">× > ID="4">× > ID="6">× > ID="12">× > ID="13">× > ID="14">× > ID="20">× > ID="21">× "> ID="1">3/10 July 1991 > ID="4">× > ID="6">× > ID="12">× > ID="17">× > ID="19">× ""> Table 5 Participation in MC/JMC meetings "" ID="1">Badische (KNP) > ID="2">1986 > ID="3">1989 > ID="4"" ID="5"" ID="6"" ID="7"" ID="8"" ID="9"" ID="10"" ID="11"" ID="12"" ID="13"" ID="14"" ID="15">infrequently "> ID="1">Buchmann > ID="2">1988 > ID="3">1990 > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11"" ID="12"" ID="13"" ID="14">× > ID="15">once only > ID="16">× > ID="17"" ID="18">× "> ID="1">Cascades > ID="2">1987 > ID="3">1991 > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">× > ID="16">× > ID="17">× > ID="18">× "> ID="1">Europa Carton > ID="2">1988 > ID="3">1990 > ID="4"" ID="5"" ID="6">× > ID="7"" ID="8"" ID="9">× > ID="10">× > ID="11">× > ID="12"" ID="13"" ID="14">× > ID="15">- > ID="16">× "> ID="1">Finnboard > ID="2">1989 > ID="3">1991 > ID="4"" ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9"" ID="10"" ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">(GC only) > ID="16">× > ID="17">× "> ID="1">Fiskeby > ID="2">1983 > ID="3">1990 > ID="4"" ID="5"" ID="6">× > ID="7"" ID="8"" ID="9"" ID="10">× > ID="11"" ID="12"" ID="13"" ID="14">× > ID="15">occasionally > ID="16">× "> ID="1">Gruber & Weber > ID="2">1989 > ID="3">1990 > ID="4">× > ID="5"" ID="6">× > ID="7"" ID="8">× > ID="9">× > ID="10">× > ID="11"" ID="12"" ID="13"" ID="14">× > ID="15">occasionally > ID="16"" ID="17">× > ID="18">× "> ID="1">Kartonfabriek de Eendracht > ID="2">1989 > ID="3">1990 > ID="4">× > ID="5"" ID="6"" ID="7"" ID="8">× > ID="9"" ID="10">× > ID="11">× > ID="12"" ID="13"" ID="14">× > ID="15">occasionally > ID="16">× > ID="17"" ID="18">× "> ID="1">KNP > ID="2">1989 > ID="3">1989 (35) > ID="4"" ID="5">× > ID="6"" ID="7"" ID="8"" ID="9">× > ID="10"" ID="11"" ID="12"" ID="13"" ID="14">× > ID="15">× > ID="16">× "> ID="1">Laakmann > ID="2">1984 > ID="3">1990 > ID="4">× > ID="5"" ID="6">× > ID="7"" ID="8">× > ID="9">× > ID="10">× > ID="11"" ID="12"" ID="13"" ID="14">× > ID="15">× > ID="16">× > ID="17"" ID="18">× "> ID="1">M-M/FS > ID="2">1989 > ID="3">1991 > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">× > ID="16">× > ID="17">× > ID="18">× "> ID="1">MoDo (Igg/TBM) > ID="2">1989 > ID="3">1991 > ID="4"" ID="5">× > ID="6"" ID="7">× > ID="8">× > ID="9"" ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">(GC only) > ID="16">× > ID="17">× "> ID="1">Papeteries de Lancey > ID="2">1988 > ID="3">1991 > ID="4"" ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9"" ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">occasionally > ID="16">× "> ID="1">Prat Carton > ID="2">1990 > ID="3">1991 > ID="4">× > ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9">× > ID="10"" ID="11"" ID="12">× > ID="13">× > ID="14"" ID="15">occasionally > ID="16">× > ID="17">× > ID="18">× "> ID="1">Rena > ID="2">1989 > ID="3">1990 > ID="4"" ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9"" ID="10">× > ID="11">× > ID="12">× > ID="13"" ID="14">× "> ID="1">Sarrió/Saffa > ID="2">1984 > ID="3">1991 > ID="4"" ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">× > ID="16">× > ID="17">× > ID="18">× "> ID="1">SCA/Reedepack > ID="2">1987 > ID="3">1990 > ID="4">× > ID="5">× > ID="6">× > ID="7"" ID="8">× > ID="9"" ID="10">× > ID="11">× > ID="12"" ID="13">× > ID="14">× > ID="15">× > ID="16">× > ID="17">× > ID="18">× "> ID="1">Stora > ID="2">1984 > ID="3">1991 > ID="4">× > ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9">× > ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">× > ID="16">× > ID="17">× > ID="18">× "> ID="1">Tampella Española > ID="2">1989 > ID="3">1991 > ID="4">× > ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9">× > ID="10">× > ID="11">× > ID="12">× > ID="13">× > ID="14">× > ID="15">occasionally > ID="16">× > ID="17">× > ID="18">× "> ID="1">Weig > ID="2">1989 > ID="3">1991 > ID="4">× > ID="5">× > ID="6">× > ID="7"" ID="8">× > ID="9">× > ID="10">× > ID="11">× > ID="12"" ID="13"" ID="14">× > ID="15">occasionally > ID="16">× > ID="17"" ID="18">× "> ID="1">NPI > ID="2">no reply > ID="3"" ID="4"" ID="5">× > ID="6"" ID="7">× > ID="8"" ID="9"" ID="10">× > ID="11">× > ID="12"" ID="13"" ID="14"" ID="15">× ""> Table 6 Attendance at Economic Committee ">(36)"> ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7"" ID="8"" ID="9"" ID="10">× "> ID="1">× > ID="2">× > ID="3">× > ID="4"" ID="5"" ID="6"" ID="7"" ID="8">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2">× > ID="3"" ID="4"" ID="5">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7"" ID="8">× > ID="9"" ID="10">× "> ID="2"" ID="3"" ID="4">× > ID="5">× > ID="6"" ID="7">× > ID="8">× "> ID="1">× > ID="2"" ID="3"" ID="4">× > ID="5">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7"" ID="8">× "> ID="1">× > ID="2">× > ID="3"" ID="4"" ID="5"" ID="6"" ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="2"" ID="3">× > ID="4">× > ID="5"" ID="6"" ID="7"" ID="8"" ID="9">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6"" ID="7"" ID="8"" ID="9">× > ID="10">× > ID="11">× "> ID="1">× > ID="2"" ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× "> ID="1">× > ID="2">× > ID="3"" ID="4">× > ID="5"" ID="6">× > ID="7">× > ID="8">× "> ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× "> ID="2"" ID="3"" ID="4"" ID="5"" ID="6">× > ID="7"" ID="8">× > ID="9">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9"" ID="10">× "> ID="2">× > ID="3"" ID="4"" ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× "> ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6"" ID="7"" ID="8">× "> ID="1">× > ID="2">× > ID="3">× > ID="4">× > ID="5">× > ID="6">× > ID="7">× > ID="8">× > ID="9">× > ID="10">× > ID="11">× ""> Table 7 Participation in PG Paperboard groups "" ID="1">Buchmann > ID="2"" ID="3"" ID="4">× > ID="5">× (37) "> ID="1">Cascades > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">Enso Gutzeit > ID="2">× > ID="3">(38) > ID="4">(39) > ID="5">(40) "> ID="1">Europa Carton > ID="2">× > ID="3"" ID="4">× "> ID="1">Finnboard > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">Fiskeby > ID="2">× > ID="3"" ID="4">× > ID="5">× (41) "> ID="1">Gruber & Weber > ID="2"" ID="3"" ID="4">× "> ID="1">Kartonfabriek de Eendracht > ID="2">× > ID="3"" ID="4">× > ID="5">× "> ID="1">KNP > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">Laakmann > ID="2">× > ID="3"" ID="4">× > ID="5">× "> ID="1">M-M > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">MoDo > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">Papeteries de Lancey > ID="2">× > ID="3"" ID="4">× > ID="5">× "> ID="1">Rena > ID="2">× > ID="3"" ID="4">× > ID="5">× "> ID="1">Sarrió > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">SCA Holding (formerly Reed P & B) > ID="2">× > ID="3"" ID="4">× > ID="5">× "> ID="1">Stora > ID="2">× > ID="3">× > ID="4">× > ID="5">× "> ID="1">Tampella Española > ID="2">× > ID="3"" ID="4">× > ID="5">× "> ID="1">Weig > ID="2">× > ID="3">× > ID="4">× ""> Table 8 Liability of successor undertakings "" ID="1">Cascades SA > ID="2">1. Kartonfabriek van Duffel NV 2. Djuparfors AB > ID="3">1 March 1989 1 April 1989 > ID="4">PC, JMC, EC PC, JMC > ID="5">1986 to 1989 1986 to 1989 > ID="6">yes yes > ID="7">yes yes > ID="8">As Cascades Duffel and Cascades Djupafors continued to participate in PG Paperboard along with other Cascades companies until all group commercial functions were taken on by Cascades Commercialisation SA in January 1990. "> ID="1">NV Koninklijke KNP BT > ID="2">KNP > ID="3">Early 1993 (KNP merged with two other Dutch paper groups) > ID="4">PC, PWG, JMC, EC > ID="5">1986 to 1991 (42) > ID="6">yes > ID="7">- "> ID="1">Mayr-Melnhof (43) (44) (45) (46) > ID="2">Deisswil > ID="3">1 January 1990 (full control) > ID="4">PC, JMC, EC > ID="5">1986 to 1989 > ID="6">yes > ID="7">yes > ID="8">After acquisition by M-M Deisswil representatives continued to take part in some PG Paperboard groups. "> ID="1">MoDo > ID="2">1. Thames Board Ltd > ID="3">1 January 1988 (acquired by AB Iggesunds Bruk and renamed Iggesund Paperboard (Workington) Ltd > ID="4">PC, PWG, JMC, EC > ID="5">1986 to 1988 > ID="6">yes > ID="7">yes > ID="8">After acquisition by AB Iggesunds Bruk TBM/IP(W) representatives continued to attend PC and PWG until mid-1989 and JMC until 1991. "> ID="2">2. AB Iggesunds Bruk > ID="3">1 January 1989 (fusion of MoDo/ Holmen/Iggesund) > ID="4">PC > ID="5">1986 to 1988 > ID="6">yes > ID="7">yes > ID="8">Following merger the new MoDo group was represented from mid-1989 in PC, PWG and JMC by Iggesund Paperboard AB (Cartonboard Division of MoDo). Representatives from IP(W) as well as the head office continued to attend the JMC. "> ID="1">Sarrió > ID="2">1. Cartiere Saffa SpA > ID="3">1989 to 1990 (fusion of Saffa with Sarrió) > ID="4">PC, PWG, JMC, EC > ID="5">1986 to 1990 > ID="6">yes > ID="7">yes > ID="8">After fusion participation in meetings of Saffa/Sarrió continued as before. "> ID="2">2. Prat Carton > ID="3">February 1991 > ID="4">PC, JMC, EC > ID="5">1986- > ID="6">yes > ID="7">- > ID="8">Having continued the economic activity of Prat Carton, Sarrió is responsible for its prior participation. "> ID="1">Stora > ID="2">1. Kopparfors AB > ID="3">1 January 1987 > ID="4">PC, EC > ID="5">1986 > ID="6">yes > ID="7">yes > ID="8">After acquisition by Stora Kopparfors AB continued as member of PC, JMC and EC. "> ID="2">2. Feldmuehle AG > ID="3">April to December 1990 (FM/Stora merger) > ID="4">PC, PWG, JMC, EC > ID="5">1986 to 1990 > ID="6">yes > ID="7">yes > ID="8">1. Under new Stora group structure, cartonboard activities of FM and Kopparfors are combined in Billerud Carton Board division. 2. After merger with Stora participation in cartel continued. "> ID="2">3. Papeterie Béghin-Corbehem > ID="3">1989 (by FM) > ID="4">PC, PWG, JMC, EC > ID="5">1986 to 1989 > ID="6">yes > ID="7">yes > ID="8">FM acquired 50 % of BC in 1988 and remainder in 1989. ""> (1) OJ No 13, 21. 2. 1962, p. 204/62.(2) OJ No 127, 20. 8. 1963, p. 2268/63.(3) Finnboard which has legal personality as a registered 'yhdistys' (trade association) in Finnish law had six member companies (two did not produce cartonboard) in 1991, each of which provided a member of its board of directors. The commercial organization is headed by a Managing Director to whom the different marketing units are responsible. It employed 135 staff in Finland and had representatives in 43 countries of which 17 were Finnboard's own sales offices.(4) Finnboard study, 16 May 1990.(5) EIU Paper and Packaging Analyst, November 1991.(6) Operating margin is defined as invoiced turnover less rebates and all production, sales and administrative costs excluding capital costs, i.e. depreciation and interest payments. It should be noted however that for the integrated GC producers the profitability of their overall operations from pulp to final product is substantially higher.(7) In 1991 the EPI was merged with Cepac, another trade association representing the pulp, paper and board industries, to form Cepi ('Confederation of European Paper Industries').(8) At the date of the note most of the producers had just announced a price increase of 9 % in the United Kingdom effective in January 1987.(9) Per kg.(10) The figure 100 is crossed out in the original.(11) For imported material.(12) In the instructions themselves the minimum price increase required by Finnboard for GC 1 and GC 2 was indicated as the £ 58 and £ 54 mentioned in the FS-Karton note (see recital 85).(13) Obviously a reference to the practice in the JMC of each producer reporting its individual order backlog.(14) The price data on which the study was based was provided by the producers to be authors and the Commission has no way of checking the validity of the data or the methodology used.(15) [1991] ECR II-867.(16) [1991] ECR II-1711.(17) [1979] ECR 461, 512.(18) [1972] ECR 619.(19) [1975] ECR 1663.(20) [1992] ECR II-1021.(21) OJ No L 3, 6. 1. 1987, p. 17.(22) The only Member States for which there is no reliable evidence of price fixing arrangements were Portugal and Greece, which have no domestic cartonboard producer.(23) [1980] ECR 3125.(24) [1991] ECR II-1623.(25) [1974] ECR 223.(26) MoDo denies attending PWG meeting on 5 June 1991 but was present at a President Conference on same day.(27) The attendance list for the Helsinki meeting of 23 May 1990 was not annexed to the minutes of the meeting.(28) After the acquisition by Cascades of Djupafors and Duffel in 1989, these mills ceased to be separately represented.(29) From 17 May 1989 the chairman of Iggesund Paperboard AB represented both MoDo mills.(30) Buchmann admits participation from 1988 but no details available before 1990.(31) Finnboard has provided no information on attendance for period before 1989.(32) Fiskeby admits participation from 1983 but no details available before 1989.(33) Gruber & Weber admits participation from 1989 but no details before 1990.(34) De Eendracht admits participation from 1989.(35) KNP is known to have attended 'most meetings'.(36) Laakmann admits attending meetings from 1984.(37) M-M makes no admissions regarding attendance at meetings before 1989.(38) MoDo admits that TBM 'may have attended' before 1989 but provides no details.(39) Papeteries de Lancey admits attending meetings in 1988, 1989, 1990 and 1991.(40) Sarrió/Saffa admits regular participation in meetings but provides no details.(41) Stora admits participation in most meetings from the beginning.(42) Reed P & B/SCA attended GD meetings only.(43) After acquisition by M-M on 1 January 1990, M-M Kerbeek continued to participate in the JMC.(44) From 1 January 1990, KNP Eerbeek.(45) On one occasion only since 1986.(46) Enso Gutzeit was a member of the NPI which attended itself or was represented by Finnboard.(47) On one occasion only.(48) KNP sold KNP Vouwkarton to M-M as of 1 January 1990 but retained Badische Kartonfabrik.(49) M-M and FS-Karton have been integrated since 1984.(50) KNP remains responsible for its involvement in the cartel prior to acquisition by M-M of KNP Vouwkarton (now M-M Eerbeek) on 1 January 1990.(51) Laakmann was acquired by M-M in late 1992 at the same time as the opening of the procedure in this case and is treated as a separate undertaking.(52) The acquisition by M-M of the Colthrop Board mill does not affect the responsibility of SCA Holding Ltd (formerly called Reed Paper & Board (UK) Ltd).

Article 85

is aimed at agreements which might harm the attainment of a single market between the Member States, whether by partitioning national markets or by affecting the structure of competition within the common market. In the present case, the pervasive nature of the collusive arrangements, which covered virtually all trade throughout the Community (24) (and other western European countries) in a major industrial product, must automatically have resulted in the diversion of trade patterns from the course they would otherwise have followed (see the judgment of the Court of Justice in Joined Cases 209 to 215 and 218/78, Van Landewyck and others v. Commission (25). The cartonboard market is characterized by a substantial volume of trade between Member States (see recital 12). The application of Article 85 to a cartel is not, however, limited to that part of the Members' sales which actually involve the transfer of goods from one Member State to another. Nor is it necessary to show that the individual conduct of each producer, as opposed to the cartel as a whole, affected trade between Member States (see the judgment of the Court of First Instance in Case T-13/89, Imperial Chemical Industries v. Commission, at point 304). It is not decisive for the application of Article 85 that in freezing market shares and controlling output the producers in this case did not allocate particular national markets to particular producers. The very existence of production control measures would operate to restrict the opportunities open to a producer. Arrangements like the 'freeze' on market shares were clearly intended to prevent new trade relationships developing. 6. Jurisdiction (139) Article 85 prohibits restrictive agreements which may affect trade between Member States and are applied in the Community irrespective of where the headquarters of the participants are located. The fact that many of the largest cartonboard producers have their head office outside the Community does not therefore affect their liability in respect of the infringements of Article 85. These undertakings carried out the bulk of their business inside the Community. Stora, MoDo and M-M also now have a substantial part, if not the majority, of their production facilities located inside the Community. Other smaller Scandinavian producers, such as Rena, participated in the cartel and to the extent they supplied the product inside the Community are within the scope of Article 85. In so far as the activities of the cartel related to sales in non-member countries they are outside the direct ambit of this Decision. 7. Undertakings (140) The subject of Community competition rules is the 'undertaking', which is not the same concept as that of the incorporated company possessing separate legal personality. The term 'undertaking' is not defined in the Treaty. It may however refer to any entity engaged in a commercial activity. In the context of large corporate groups, any of the following may, depending upon the circumstances, be treated as an 'undertaking': - the parent or holding company of the group, - the whole group consisting of the parent and its direct and indirect subsidiaries, - intermediate holding companies, - the subgroups or divisions formed by the subholding companies and their subsidiaries, - the individual subsidiary companies. (141) In the cartonboard industry many of the major operators are broad-based 'forest product' groups whose activities range from forestry and timber products through pulp to paper, cartonboard and packaging. In most cases these groups have a complicated corporate and management structure. It might therefore be possible to address a statement of objections either to the group, to the appropriate division or even to the individual subsidiaries. While in theory incorporation is not relevant, in practice for the purposes of collecting any penalty imposed, the 'undertaking' to which the decision is addressed has normally to possess legal personality so that if necessary enforcement proceedings can be taken in the national civil jurisdictions under Article 192 of the Treaty. (142) The corporate structure of a group may well be determined by considerations of fiscal and company law in the country in which its head office is located and the countries in which it operates. - The top company of the group may in some countries act as a pure holding company owning the shares of the operating subsidiaries, while in other cases the main company itself encompasses the 'core' business of the group, with other sectors established in the legal form of separate subsidiaries. - The group may be organized into several separate business areas which may have the legal status either of subholding companies with (in turn) their own direct and indirect subsidiaries or of unincorporated divisions. - Even where the divisional head office is established as a separate subsidiary, it may not itself directly own the assets or even hold the shares of the various operating subsidiaries even though exercising functional and management control over them. In some groups, the various business areas or divisions are designated in such a way that their membership of the group and their uniformity of corporate identity is explicitly demonstrated. In other groups, their 'independence' from the parent is stressed. Indeed, in some cases the links of ownership between companies in the group are deliberately played down. (143) In the present case, the members of the PG Paperboard were usually identified in its records as the individual operating companies rather than the group itself (e.g. 'Papeteries de Lancey SA' rather than 'Aussedat Rey SA'). Normally, however, the Commission would have been entitled to address the decision to the group, particularly in the case of an integrated forest product undertaking. In order, however, to avoid the argument (which tends to blur the distinction between a 'company' and an 'undertaking') as to whether the parent company of the group ought to be held responsible for the actions of what are said to be autonomous subsidiaries, the Commission has in principle treated the entity named in the membership lists of the PG Paperboard as the appropriate 'undertaking' for the purposes of addressing the present proceedings, subject to the following exceptions: 1. where more than one company in a group participated in the infringement; or 2. where there is express evidence implicating the parent company of the group in the participation of the subsidiary in the cartel, the proceedings have been addressed to the group (represented by the parent company). (144) The reorganization of the cartonboard industry in recent years has meant that some undertakings have been absorbed by others and/or that the cartonboard activity of one group has been transferred to another. There is no express provision in the Treaty or in any regulation which covers the issue of responsibility for an infringement following corporate restructuring or acquisition. It would, however, clearly be impermissible for undertakings to avoid or eliminate liability for infringements of Community competition law because of a corporate reorganization. The question of succession is one to be determined by the principles of Community law relating to undertakings and cannot depend upon national rules which may differ widely from Member State to Member State according to the peculiarities of national fiscal or company law. (145) The application of the principles set out above has the consequence that in cases where, but for the acquisition, proceedings would normally have been addressed to the subsidiary in its own right, responsibility for its conduct prior to the transfer passes with it. It is not necessary (although it may well be the case) that the acquirer has subsequently approved, adopted or continued the unlawful conduct. The test is whether there is a functional and economic continuity between the infringing undertaking and its successor (see, for example, the judgment of the Court of Justice in Suiker Unie, at point 87). On the other hand, where a parent company or group which itself is properly considered a party to the infringement transfers a subsidiary to another undertaking, responsibility for the period up to the date of divestment does not pass to the acquirer but will remain with the first group. In either case, if the transferred subsidiary continued as a member of the cartel, it will depend upon the individual circumstances whether proceedings in respect of such participation should be addressed to that subsidiary in its own name or to the new parent group. (146) The question of the 'appropriate' addressee of the proceedings has arisen here in a number of cases but only in a few is there any question of succession. In fact, in the present case there is no example of an 'innocent' purchaser becoming fixed with liability under Article 85 solely by reason of its having acquired another undertaking which had already ceased to participate in the cartel. (a) Cascades SA (147) Prior to their acquisition by Cascades in 1989, Kartonfabriek van Duffel N.V. and Djupafors AB were participants in the cartel as independent undertakings. But for the acquisition, proceedings could have been addressed to both undertakings in their own name. Duffel and Djupafors were renamed and continued to exist as separate subsidiaries in the Cascades group. However, it is appropriate to address this Decision to the Cascades group represented by Cascades SA in respect of the participation in the infringement of all of Cascades cartonboard operations (see recital 143). (b) Europa Carton AG (148) The transfer as of 1 January 1993 by Europa Carton AG of its cartonboard activity to a new company in which it now holds a 50 % share does not affect its responsibility as a member of the cartel. The persons attending meetings did so in the name of Europa Carton AG which is still in existence as an undertaking and this Decision will therefore be addressed to it. (c) NV Koninklijke KNP BT NV (149) KNP Vouwkarton B.V. Eerbeek was at all material times a subsidiary company of KNP - Royal Dutch Papermills NV. Normally the statement of objections would have been addressed to KNP Vouwkarton BV as this was the undertaking named as a member of the PG Paperboard. However, KNP Vouwkarton B.V. Eerbeek (which from an operational standpoint constituted one of several divisions in KNP's Packaging group) was represented in the President Conference and the PWG by the head of KNP's Packaging Group who was also a member of the board of management of KNP, i.e. its top executive organ. According to KNP's own annual report for 1990 there is a 'very direct' relationship between the board of management and the divisions with the board of management acting as the supervisory board of each division. It is therefore appropriate, given the proven link between the cartel and KNP itself, to address the decision to the whole KNP group in respect of the period up to the acquisition by M-M of KNP Vouwkarton as of 1 January 1990. (For the period after the transfer, M-M is responsible for KNP Vouwkarton's continuing participation). KNP was also at all relevant times the owner (95 %) of the German board producer Herzberger Papierfabrik, which included Badische Kartonfabrik. Herzberger is now organized as one of the five business units of the Solid Board Division of KNP. As regards the participation in the cartel of Badische, this Decision will therefore be addressed to KNP. Following a recent merger, KNP NV is now known as NV Koninklijke KNP BT NV, but no point on succession arising out of the change has been raised. (d) Mayr-Melnhof Kartongesellschaft mbH (150) M-M has owned FS-Karton since 1984 and at all material times the management and the marketing activities of M-M and FS-Karton have been completely integrated. It is therefore appropriate to address this Decision to the M-M group as regards any involvement in the cartel of FS-Karton. M-M is also responsible for the participation in the infringement of its 66 % subsidiary Deisswil for the whole of its involvement in the cartel including the period prior to M-M's acquiring full control in January 1990 and for the involvement of Mayr-Melnhof Eerbeek BV (as KNP Vouwkarton was renamed) from the date of its acquisition on 1 January 1990. Responsibility for the participation of KNP Vouwkarton before the take-over lies with KNP and no liability is attributed to M-M for this period. Laakmann was acquired by M-M after the opening of proceedings in the present case and was separately represented. It will therefore be treated as a separate undertaking for the purposes of this Decision. (e) Mo och Domsjoe AB (151) Thames Board Ltd (TBM), the largest United Kingdom producer of cartonboard (making GC grades only), was an active participant in the cartel as of 1986 and a member of the PWG. TBM was acquired by AB Iggesunds Bruk with effect from 1 January 1988 and was renamed Iggesund Paperboard (Workington) Ltd. At that time AB Iggesunds Bruk was an associate company (as opposed to a fully-owned subsidiary) of the Swedish forest group MoDo which held 49,9 % of the voting rights in Iggesund. Up to the acquisition of TBM, Iggesunds Bruk's main cartonboard product had been SBS; it was the only important Swedish producer of this grade. Despite the claim made in answer to Article 11 that it was not a member of the PG Paperboard, representatives of AB Iggesunds Bruk had in fact participated in the President Conferences (but not the PWG). After the acquisition of TBM by AB Iggesunds Bruk on 1 January 1988, representatives from Workington continued as before to attend the meetings of the PG Paperboard. MoDo acquired full control of Iggesunds Bruk at the beginning of 1989 and made it a division of the MoDo group. As from the middle of 1989, the managing director of Iggesund Paperboard AB (as the division was known) from Sweden attended meetings of the PWG and his market analysis manager and/or marketing director went to the JMC. The Iggesund representation at the JMC also continued to include officers and employees from Workington. (152) During the administrative procedure in the present case, MoDo argued that the statement of objections (and any decision) should be addressed not to it but to Iggesund Paperboard AB which it claimed was an 'entirely separate undertaking' from the group holding company MoDo. It is of course true that, as with any large industrial group, MoDo is organized operationally in several business areas of which Iggesund Paperboard is one. Indeed, it might well be that Iggesund Paperboard AB as a subgroup or division could be treated as an undertaking for the purposes of Community competition proceedings, as could other entities inside the group (see recital 140). This does not, however, mean that any proceedings must be addressed to it or that the MoDo group itself is freed from all responsibility. (153) In the first place, there might be difficulties in collecting the fine were a decision to be addressed to Iggesund Paperboard AB. As a so-called 'commission company' of the MoDo group, it has itself a nominal capital of only SKr 50 000 (= ECU 5 500), the minimum permitted by law. As MoDo itself admits, there is some doubt in Swedish law as to the responsibility of a parent company for the debts of this type of subsidiary. To overcome this problem in its commercial dealings, MoDo has made a statement in its annual accounts accepting contractual liability for the commitments of its commission companies but it is not known whether this guarantee would apply to a fine imposed by the Commission. Secondly (and in so far as the 'autonomy' argument might be relevant) Iggesund Paperboard AB is not as functionally independent of the group, as MoDo has claimed. Iggesund Paperboard AB neither owns the production facilities for cartonboard nor employs its labour force. The cartonboard assets formerly owned by Iggesunds Bruk AB remain owned by that company which is now a dormant company entirely owned by MoDo. All personnel in Sweden are employed by MoDo itself. MoDo exercises ultimate management and financial control over its divisions. It is therefore appropriate for the purposes of the present proceedings to address the decision to the MoDo group itself rather than to a subsidiary which has no real independence, owns no assets and employs no staff. For the reasons set out earlier (for example, in recital 141), the top holding company is taken to represent the group. (f) Sarrió/Saffa/Prat (154) During the period of the infringement there were substantial organizational and structural changes in Saffa's cartonboard operation. There is, however, a clear continuity as an 'undertaking' between Saffa SpA and the merged entity now known as Sarrió SA. This Decision is therefore addressed to Sarrió SA in respect of the whole duration of the participation in the infringement of the Saffa operations. The acquisition of Prat Carton in 1991 also means that Sarrió became responsible for the involvement of this Spanish producer in the cartel for the whole of the period of its participation. (g) SCA (155) The acquisition by the Swedish forest products group SCA of Reedpack plc, the ultimate owner of the Colthrop Board Mill, presents no particular problem under the approach described in recital 143. The membership list of the PG Paperboard names as a member Reed Paper & Board (UK) Ltd ('Reed P & B'), of which the Colthrop Board Mill in Newbury, Berkshire, was at all material times a part. Colthrop was not itself incorporated as a separate legal entity. Reed P & B, whose head office was in Kent, constituted a division of Reedpack and operated a number of paper mills besides Colthrop. After the acquisition by SCA in July 1990, Reed P & B continued in existence but its name was changed first to SCA Aylesford Ltd and then on 5 February 1992 to SCA Holding Ltd. During the administrative procedure, SCA claimed that the proceedings should have been addressed not to SCA Holding Ltd (the former Reed P & B) but to the Colthrop mill which is now in the hands of M-M; SCA says that Colthrop was an entirely autonomous commercial entity distinct from the parent. As has been pointed out in relation to MoDo (see recital 152) even if this were correct, it would not necessarily absolve Reed P & B from responsibility. In any case, SCA's argument is not supported by the facts. Quite apart from its lack of separate legal personality (which the Commission does not consider decisive in itself) the Colthrop mill was not in fact organized or operated as a separate entity from Reed P & B. The so-called 'autonomy' on which SCA relies was no more than that of any operating unit in the normal management structure of an undertaking. In any case SCA's argument completely ignores the fact that it was a senior director from Reed P & B headquarters in Kent (to whom the manager of the Colthrop mill was responsible) who invariably attended the PG Paperboard at the 'President' level. The Commission therefore expressly rejects SCA's argument that Colthrop Board Mill, not Reed P & B, would have been the appropriate addressee of proceedings. It amounts to saying that each functional unit inside an undertaking must always be treated as a discrete 'undertaking' for the purposes of Article 85. (156) But for the acquisition by SCA, the proceedings would have been addressed to Reed Paper & Board (UK) Ltd. There is a clear continuity between Reed Paper & Board (UK) Ltd, SCA Aylesford Ltd, and SCA Holding Ltd; they are one and the same corporate entity known by different names. The fact that the Colthrop mill was sold off in May 1991 still left SCA Holding Ltd in existence. Responsibility for its involvement does not pass with the Colthrop mill which was simply one of its assets (see judgment of the Court of First Instance in Case T-6/89, Enichem Anic SpA v. Commission (26), at points 236 to 240). SCA also argued that even if in terms of company law SCA Holding Ltd was the same entity as Reed P & B, it now only existed on paper. According to SCA, apart from the Colthrop mill which had been sold off, the other assets of SCA Holding Ltd had during the reorganization been split between SCA's packaging division and its graphic paper division. It was therefore (said SCA) 'economically and functionally a different company with a different mix of assets and different personnel'. What SCA did not mention in its written and oral presentation was that under the reorganization SCA Holding Ltd in fact acquired the entire share capital of SCA Packaging Ltd and SCA Graphic Paper Holdings 1991 Ltd to which the assets in question were then transferred. In reality, apart from the fact that it is now technically a holding company rather than the actual owner of the assets, the activities of the former Reed P & B remained the same after the change of name. (157) The Commission also rejects SCA's contention that it is 'manifestly inequitable' or unfair to fix liability on it for the prior actions of an undertaking which it had acquired. This argument overlooks the fact that the addressee of this Decision is not the SCA group as a whole but the acquired undertaking itself. In any case, Reed P & B continued to participate in both the JMC (October 1990) and President Conference (November 1990) after the purchase by SCA. Whether or not the new senior management from Sweden was actually aware of the existence or continuance of some collusion is not relevant, but SCA's insistence that this was not the case strains credulity given that the new managing director himself went to the President Conference of 26 October 1990 together with his predecessor (SCA claims they stayed only a short time but this does not appear from the minutes). SCA took action to withdraw from the PG Paperboard and its activities only once the BPIF complaint to the Commission became known a month later. Although following the reorganization, the 'undertaking' now consists of the unit formed by SCA Holding Ltd and its subsidiaries which own the assets, it is necessary for the purposes of enforcement to identify an entity possessing legal personality as the addressee of this Decision. In conformity with the Commission's normal practice, the appropriate addressee is the holding company, SCA Holding Ltd. (h) Stora (158) Stora accepts that it is responsible for the involvement in the infringement of its subsidiary companies Feldmuehle, Kopparfors and CBC both before and after their acquisition by the group. (i) Tampella Corporation (159) Tampella Corporation, one of the member companies of Finnboard, incorporated its five industrial divisions as separate legal entities with effect from 1 January 1991 as part of a group restructuring. The companies, now known as 'business groups' of Tampella were at all relevant times still all 100 % owned by the parent company. The forest products division of Tampella was renamed Tampella Forest Inc. This new company officially took the place of its parent in Finnboard during 1991, although the persons representing it were exactly the same as before. During the proceedings in the present case, Tampella Corporation in fact took no point arising from the group reorganization. Tampella Forest Inc. was itself sold to Enso-Gutzeit as the beginning of 1993. Tampella Corporation is still in existence as an undertaking. The disposal by Tampella Corporation of its forest products division can make no difference to its responsibility as a member of Finnboard (see recital 175) for the participation of Finnboard in the infringement. (j) Tampella Española (now called Enso Española) (160) Tampella Española was 100 % owned by Tampella Corporation, one of the four Finnish GC producers. However, its activities are not integrated with those of the parent company and it operates essentially as a Spanish supplier. It does not sell through Finnboard. It was separately represented in the PG Paperboard in which it first participated regularly in 1987, the parent company's operation in Finland being represented by Finnboard. Normally proceedings would have been addressed to the Tampella group in respect of the participation in the cartel of both the Spanish and the Finnish companies. However, in view of the special treatment of Finnboard and the four Finnish producers - each producer is held jointly and severally liable with Finnboard for that part of the fine which is proportionate to its own share of Finnboard's cartonboard sales (see recitals 173, 174 and 175) it is appropriate to address this Decision to (and impose a separate fine on) Tampella Española (or Enso Española, as it is now called). The treatment of Tampella Española as a separate undertaking for the purposes of this Decision is unaffected by the acquisition of Tampella Corporation's forest products division by Enso-Gutzeit as of April 1993. Details of those cases where an infringing undertaking was absorbed by another through acquisition or merger are shown in Table 8. 8. Duration of the infringement (161) Although it is apparent from Stora's statements that collusive arrangements had been in existence since at least 1975, and that the PG Paperboard was in all likelihood set up as a vehicle for unlawful cooperation, the Commission will in the present case limit its assessment under Article 85 and the application of any fines to the period from June 1986 onward. This was the date when the PWG was set up and the collusion between the producers intensified and started to be more effective. The participation in the infringement of virtually all the addressees of this Decision is established from that date. Most, if not all of them, were already members of the PG Paperboard and had been from the time of its inception in 1981. (162) Although they were already members of the PG Paperboard, a few producers apparently played no active role in the cartel before the setting up of the JMC in late 1987 or the beginning of 1988. The active participation of Buchmann in the infringement may thus be said to have started when it began attending the JMC at about the time of the first price initiative of 1988. Similarly, there is little evidence of Rena's participation in the price fixing activities of the cartel until the same price initiative of March 1988. Enso Española started attending meetings of a PG Paperboard grouping (the Economic Committee) on a regular basis in 1987 and the first President Conference it attended was that of 25 May 1988. It claims to have started going to the JMC only in February 1989. However, it did take part in the first price initiative of 1988 and its effective participation in the infringement may be taken to have begun at about that time. Gruber & Weber also seems to have started attending manifestly unlawful meetings later than most of the others. Given its unwillingness to provide any relevant information for the period before 1989 it is, however, impossible to say exactly when it began to attend the JMC. The fact that it joined the Fides system in 1988 is probably the best indication, in the circumstances, of when it first adhered to the unlawful cartel. As a result of a machine rebuild, this relatively minor producer appears to have ceased playing an active part in the PG Paperboard in late 1990. KNP's responsibility for the participation of its Dutch subsidiary KNP Vouwkarton ended with the disposal to M-M of 1 January 1990. Its German subsidiary Badische had ceased going to JMC meetings in May 1989 and withdrew officially from the PG Paperboard at the end of that year. However, Badische was still following the price initiatives of the cartel at the time of the Commission's investigations. For the United Kingdom, it appears to have obtained its information about proposed price initiatives through the participation of its sales agent in the PAA. KNP must therefore be held a party to the infringement up to the date of the investigation although from the end of 1989 its involvement via Badische can be regarded as peripheral. (163) Fiskeby ceased attending JMC meetings in June 1990 following its acquisition by Manville. Formal instructions had been given to Fiskeby by its new United States parent company to refrain from any activity which might infringe relevant anti-trust laws. However, it did not withdraw from the President Conference nor apparently from the NPI (through which it admitted receiving information on price at least in the past). From the fact that its new prices introduced on 1 January 1991 (and notified to customers in August and October of the previous year) in each national market were exactly those set out in the Rena note of the JMC meeting of 6 September 1990 (see recital 85), the Commission concludes that even if it stopped attending the JMC, it continued to receive and act upon information from other producers as to the price increases to be applied. As regards SCA Holding Ltd, the Commission accepts that it ceased attending meetings of the PG Paperboard after November 1990. The undertaking says that it withdrew as soon as it became aware of possible infringements of Community competition law through the publicity given to the BPIF complaint. Nevertheless, its involvement in the PG Paperboard up to that time continued to have effects after November 1990 since the price increase planned in October 1990 for implementation in January 1991 was applied by the Colthrop mill and was still going through in April 1991. (164) The exact date at which the cartel itself was wound up is not easy to establish, and it cannot be excluded that collusion continued for some time after the date of the investigations in April 1991. Most of the producers - prudently enough under the circumstances - stopped going to JMC meetings. However, even if they withdrew immediately from the common unlawful enterprise, the effects of the last known concerted price initiative, which had been delayed until April 1991 and which in the initial stages at least was considered a success, were still being felt in the market for some time. Several major producers in fact continued the JMC meetings despite what they must have known of the result of the Commission's investigation. They only stopped once Stora's cooperation with the Commission became known. There must therefore be grave suspicion as to the content of the JMC meetings held in July 1991 and attended by Cascades, Finnboard, M-M, Sarrió and Stora. However, in the absence of direct evidence of unlawful collusion in those meetings the Commission will not impose any additional penalty upon these undertakings in respect of their continued participation in the JMC. B. REMEDIES 1. Article 3 of Regulation No 17 (165) Where the Commission finds that there is an infringement of Article 85 it may require the undertakings concerned to bring such infringement to an end in accordance with Article 3 of Regulation No 17. In the present case the participants in the cartel went to considerable lengths to conceal their unlawful conduct. Virtually all documentary traces of the activities of the PWG and JMC were systematically suppressed; no minutes, records, list of participants or invitations were retained. The official minutes which were kept of groups like the President Conference were drafted so as to conceal the true nature of their activities. The producers for the most part gave vague or evasive replies concerning the terms of reference and activities of the President Conference, PWG and JMC. They claim to have no relevant documents. Some continued going to meetings after the date of the investigation. In the circumstances it is not possible to say with certainty that collusion has entirely ceased in all its aspects. It is therefore necessary for the Commission to require the undertakings to which this Decision is addressed to bring the infringement to an end (if they have not already done so) and henceforth to refrain from any agreement or concerted practice which may have the same or similar object or effect. (166) As regards the exchange of information, the Fides system has been substantially modified (see recitals 105 and 106). However, even if the more egregious anti-competitive aspects of this system have been abandoned, the new system is still incompatible wih Article 85. It is apparent that even without being complemented by individualized information it can operate as a device to promote, encourage or facilitate the coordination by the cartonboard producers of their commercial behaviour and the adoption of a common industry response to market indicators. The producers shall therefore be required to abstain in the future from any exchange of information concerning: - the present state of the order inflow and backlog (even if aggregated), - the forecast utilization rate of production capacity (even if aggregated), - the production capacity of each machine. Any exchange of information shall be limited to the collection and dissemination in aggregated form of production and sales statistics conducted in such a way as to exclude the possibility that it can be used to enable the participants to coordinate their commercial behaviour. The undertakings must also be required to abstain from any exchange of further information of competitive significance in addition to such permitted exchange and from meeting together to discuss the significance of the information exchanged or the possible reaction of the industry or of individual producers to that information. 2. Article 15 (2) of Regulation No 17 (167) Under Article 15 (2) of Regulation No 17, the Commission may by decision impose on undertakings fines of from ECU 1 000 to 1 million, or a sum in excess thereof but not exceeding 10 % of the turnover in the preceding business year of each of the undertakings participating in the infringement where, either intentionally or negligently, they infringe Article 85 (1). In fixing the amount of the fine, regard is to be had to both the gravity and the duration of the infringement. The undertakings to which this decision is addressed deliberately infringed Article 85. With full knowledge of the unlawful nature of their enterprise and awareness of the risk of substantial penalties they deliberately set up and successfully operated a secret and institutionalized system of regular meetings intended to fix prices and to foster the market conditions in which concerted price increases would be achieved throughout the common market. A particularly grave aspect of the infringement is that in an attempt to disguise the existence of the cartel the undertakings went so far as to orchestrate in advance the date and sequence of the announcement of each major producer of the new price increases. The infringement was of long duration. For the purposes of the present case the Commission will consider that it commenced in mid-1986 (although according to Stora collusion began long before this date). It continued at least until the date of the Commission's investigation, but for which the cartel would in all probability still be in full operation at the present time. (168) In determining the general level of fines in the present case the Commission has taken into account the following considerations: - collusion on pricing and market sharing are by their very nature serious restrictions on competition, - the cartel covered virtually the whole territory of the Community, - the Community market for cartonboard is an important industrial sector worth some ECU 2 500 million each year, - the undertakings participating in the infringement account for virtually the whole of the market, - the cartel was operated in the form of a system of regular institutionalized meetings which set out to regulate in explicit detail the market for cartonboard in the Community, - elaborate steps were taken to conceal the true nature and extent of the collusion (absence of any official minutes or documentation for the PWG and JMC; discouraging the taking of notes; stage-managing the timing and order in which price increases were announced so as to be able to claim they were 'following', etc.), - the cartel was largely successful in achieving its objectives. (169) In assessing the fine to be imposed on each undertaking, the Commission in addition to the above takes account of: - the role played by each in the collusive arrangements, - any substantial differences in the duration of their respective participation in the cartel, if such is the case, - their respective importance in the industry (size, product range, market share, group turnover and turnover in cartonboard), - any mitigating factors including the degree of cooperation with the Commission after the investigation and the extent to which any such cooperation may have materially contributed to facilitating or expediting the conclusion of the present proceedings. In so far as there is any good reason to accept that one or another undertaking may have participated for a substantially lesser period than did the others (see recital 162), this is reflected in the amount of the fine imposed upon it. The Commission will also take into account any substantial change in the nature or the intensity of the role played in the cartel by particular producers. It is not, however, intended in calculating each fine to employ some precise mathematical formula reflecting the exact number of days, months or years for which that producer adhered to the cartel. (170) The 'ringleaders', namely the major producers of cartonboard which took part in the PWG (Cascades, Finnboard, M-M, MoDo, Sarrió and Stora), must bear a special responsibility. They clearly constituted the main decision-makers and were the prime movers of the cartel. KNP also was a member of the PWG until 1988 and, although it is not a major manufacturer of cartonboard, it is one of the leading producers in the paper industry and one of the largest industrial groups in the Netherlands. Indeed, it is likely that the acceptance by the others of its representative as the chairman of the President Conference and the PWG at a critical time depended upon this particular status. KNP must also therefore be considered as a ringleader of the cartel during the period of its membership of the PWG. Although Weig was a member of the PWG from 1988, it does not seem to have played as important a role in the determination of the policy of the cartel as did the major industrial groups. The fine imposed on Enso-Gutzeit reflects its individual circumstances as the only producer which did not attend meetings of the JMC. The Commission in assessing the fines to be imposed on the smaller producers of cartonboard takes into account inter alia their position as ordinary members rather than leaders of the cartel. (171) As regards the cooperation of the different producers with the Commission's investigations in this case, it is clear that Stora and Rena are in a separate category from the others. Although there was already strong documentary evidence to prove the existence of a cartel, Stora's spontaneous admission of the infringement and the detailed evidence which it provided to the Commission has contributed materially to the establishment of the truth, reduced the need to rely upon circumstantial evidence and no doubt influenced other producers who might otherwise have continued to deny all wrongdoing. Rena for its part provided important documentary evidence to the Commission on a voluntary basis. There will therefore be a very substantial reduction in the fine which would otherwise have been imposed upon Stora and the minor producer Rena. (172) The producers which at an early stage after the opening of proceedings, i.e. in their replies to the statement of objections, did not contest the essential factual allegations relied upon by the Commission against them are also entitled to recognition of this attitude by a reduction in the fine to be imposed upon them although this cannot be of the same order as that which is appropriate for Stora and Rena. These producers are Buchmann, Europa Carton, Fiskeby, KNP, Papeteries de Lancey, Sarrió, Enso Española and Weig. 3. Joint and several liability to fines: Finnboard (173) Finnboard is an entity exercising a commercial function is an 'undertaking' for the purposes of Article 85. As such it may be the subject of Community competition rules quite apart from any liability of the member companies. Under Article 15 (2) of Regulation No 17, Finnboard may therefore be subject to fines of up to 10 % of its turnover in the preceding financial year. However, Finnboard claims that for the purposes of Article 15 (2) its turnover is not the total value of the sales which it makes but only the commission which it receives on the sales made on behalf of its member companies. In its annual reports and published accounts Finnboard indeed presents its 'turnover' (as distinct from its 'sales') as the commission from those sales. In 1992, for instance, Finnboard's 'commission income' was US $ 20,2 million (ECU 15,7 million) on total sales at fob value of US $ 911 million (ECU 702 million). The first figure is in fact simply the amount of Finnboard's operating costs which are covered by the member companies. It would clearly be discriminatory and contrary to the intent of Article 15 if by setting up a joint sales agency and conducting all their sales of cartonboard via this entity the Finnboard producers who account for 10 %of the Community cartonboard market were able to limit any liability to fines to 10 % of its running expenses instead of 10 % of sales. As a common sales organization, Finnboard is not to be assimilated with an independent commercial agent. It would appear that in the various Member States, the customers' contracts are concluded with Finnboard (although title in the goods passes directly from the member mill to the customer). For the purposes of Article 15 (2) therefore the 'turnover' of Finnboard must be given its normal meaning namely the total invoiced value of the sales which it makes for its members. This interpretation is supported by Finnboard's own published accounts; the balance sheet shows that Finnboard collects and receives into its accounts the total invoiced value of the sales made for its members. Under its current assets as of 31 December 1992 the figure of US $ 194 million (ECU 149,5 million) is shown as 'accounts receivable'. (174) Given that it was Finnboard itself rather than the member companies which actively and directly participated in the cartel, it is appropriate to impose a fine on Finnboard and to take as the upper limit under Article 15 (2) 10 % of the total value of the invoiced sales made by Finnboard. However, to reduce the risk of avoidance the Commission will also make each of the four Finnish GC producers which at the relevant times were members of Finnboard (Kyro, Tampella, Metsae-Serla and United Paper Mills) jointly and severally responsible with Finnboard for that part of the total fine which is approximately proportionate to its share of Finnboard's cartonboard sales in the Community during the last full calendar year in which the cartel is known to have been in operation. The member companies deny all knowledge of any possible infringement by Finnboard and hence any liability to fines. However, Finnboard acted as their alter ego and in their interest when it participated in the cartel and they are responsible for its actions, particularly since each one was a member company of Finnboard and provided a member of its board of directors (see the judgment of the Court of Justice in Joined Cases 6 and 7/73, Commercial Solvents v. Commission (27)). (175) For virtually the whole period during which the cartel is known to have been in operation, it was the four groups themselves which were listed as member companies of Finnboard. During 1991, however, three of them reorganized their structure so that the operating divisions (previously unincorporated) responsible for cartonboard were established as separate companies inside the group. Tampella incorporated its forest products division as Tampella Forest Inc. on 1 January 1991 and the new company took the place of the parent company in Finnboard. Metsae-Serla reformed its structure during 1991 and from 30 September 1991 it was represented in Finnboard by Metsae-Serla Paper and Board Ltd. Kyro corporatized its paper and board operations as of 1 January 1992 under the name Oy Kyro Board & Paper Ltd. The Kyro group's seat in Finnboard was taken by the new company. In most cases whatever formal change was made as regards the company membership, the same senior executives continued to represent each group as directors of Finnboard. Apart from Tampella, these internal reorganizations (and the consequent formal changes in the membership of Finnboard) all took place after the date of the investigations in April 1991. In the case of Metsae-Serla and Kyro therefore no question as to the appropriate addressee arises; the group itself was formally a member of Finnboard for the whole of the relevant period from 1986 to April 1991. As regards Tampella, the fact that for the last few months of the known operation of the cartel its forest products division was incorporated does not affect the liability of the group itself (see recitals 142 and 143). Nor does Tampella's subsequent transfer of its forest products operations (Tampella Forest Inc.) to Metsae-Serla at the beginning of 1993 mean that its responsibility for the participation of Finnboard in the infringement passes with the transferred subsidiary (see recitals 145 and 159). This responsibility therefore remains with Tampella Corporation which is still in existence as an undertaking and in calculating the part of the fine for which Metsae-Serla is jointly and severally responsible with Finnboard the Commission takes no account of the acquisition, HAS ADOPTED THIS DECISION:

Supplementary provisions

ANNEXSupplementary provisions

PRICE INITIATIVES 1987-1991 A. PRICE INCREASE JANUARY 1987 (United Kingdom only) """ ID="2"" ID="3">45 15. 12a (1) 31. 1b "> ID="2"" ID="3">GC45 13. 11a 26. 1b Graphic55 10. 11a 15. 12b "> ID="2"" ID="3">9 % -a 16. 2b "> ID="2"" ID="3">8 % 14. 11a 12. 1b "> ID="2"" ID="3">9 % Novembera 2. 2b "> ID="2"" ID="3">9 % Novembera 1. 1b "> ID="2"" ID="3">9 % Novembera 12. 1b "> ID="2"" ID="3">Graphic55 3. 11a 1. 1b "> ID="2"" ID="3">GC45 5. 11a 26. 1b "> ID="2"" ID="3">9 % -a Januaryb "> ID="2"" ID="3">GD 130 GD 220 29. 1a 30. 3b "> ID="2"" ID="3">9 % 1. 12a Februaryb "> ID="2"" ID="3">50 2. 12a 1. 2b ""> B. PRICE INCREASE MARCH/APRIL 1988 """ ID="1">GC15 GD12 30. 12a 15. 2b "> ID="1">min. A, B, C B 2-15 B 2-16 > ID="2">GC 170 GC 250 GD40 24. 12a 1. 3b > ID="3"" ID="4">GC3 GD2,5 19. 2a 19. 2b "> ID="2">GC 245-55 20. 1a 1. 3b > ID="3">GC6 % later:5 % 4. 1a 1. 4b "> ID="2"" ID="3">SBS40 1. 3a 18. 4b "> ID="1">GDdoc. - aB 4-1 29. 2. bB 4-2 > ID="2"" ID="3"" ID="4"" ID="5">doc. B 4-3 "> ID="1">GC 215 4. 1a 10. 2b > ID="2">GC 250 4. 2a 1. 3b > ID="3">GC 26 % 12. 2a 11. 4b > ID="4"" ID="5"" ID="6"" ID="7">GC 2? 7. 3a 12. 5b Graphic200 12. 5a 15. 6b "> ID="1">min. A, B, C B 6-2 > ID="2"" ID="3">GD5 % 20 23. 3a 27. 4b "> ID="1">GC12 % GD10 % 11. 1a 1. 3b > ID="2"" ID="3">GC28 GD20 14. 3a 1. 5b > ID="4">GC3 GD2 8. 2a 1. 4a "> ID="1">GD9,5 % (= 11-13 DM) Januarya mid-Februaryb > ID="2"" ID="3">GD5 % -a 11. 4b > ID="4">GD2 17. 2a 1. 4b > ID="5">6-7 % 17. 6a 1. 7b "> ID="1">GC15 GD12 18. 12a 15. 2b > ID="2">GC 250 GD40 18. 1a 1. 3b for GC 1. 4b for GD > ID="3">6 % 23. 2a 14. 4b > ID="4"" ID="5">GC15 GD12 -a 1. 6b > ID="6">50 14. 12a 25. 1b "> ID="1">GC15 GD12 13. 1a 1. 3b > ID="2">GC50 GD40 20. 1a 1. 4b > ID="3">20 orig.:25 18. 3a 22. 4b > ID="4"" ID="5"" ID="6"" ID="7">GC250 GD200 -a 15. 3b "> ID="2"" ID="3">6 % 8. 2a 8. 4b "> ID="2"" ID="3">SBS40 24. 3a 6. 6b > ID="4"" ID="5">SBS2-5 % (12) 11. 4a 1. 7b "> ID="2">50 -a 1. 3b "> ID="2"" ID="3">6 % 11. 3a 25. 4b > ID="4""" ID="1">GC15 GD12 > ID="2">GC50 GD40 3. 2a 1. 3b for GC 1. 4b for GD > ID="3">6 % 8. 3a 1. 5b > ID="4">GC3 GD2,5 > ID="5">GC15 GD12 -a 1. 4b > ID="6">50 -a 15. 1b "> ID="1">GD12 -a 1. 3b > ID="2">GD40 -a 1. 4b > ID="3">GD20 26. 2a 25. 4b "> ID="1">GC15 GD12 13. 1a 15. 2b > ID="2">GC 170 GC 250 GD40 21. 1a 1. 3b > ID="3">6 % 23. 2a 5. 4b > ID="4">GC3 GD2,5 12. 2a 1. 4b > ID="5">GC15 GD12 10. 3a 1. 5b > ID="6">doc. B 17-2 B 17-18 > ID="7">GC250 GD200 -a 15. 3b "> ID="1">GC15 29. 12a 8. 2b > ID="2"" ID="3">GC6 % 17. 2a 15. 4b > ID="4"" ID="5">GC15 11. 3a 1. 5b > ID="6"" ID="7">GC250 29. 1a 1. 3b "> ID="2">GC 250 21. 1a 1. 3b "> ID="2">GC 250 GD40 -a 1. 3b > ID="3">GC35 GD20 -a 1. 4b > ID="4""" ID="1">GD12 6. 1a 22. 2b > ID="2">GD40 4. 2a 11. 4b > ID="3">GD5-6 % 25. 2a 1. 4b > ID="4">GD2,5 11. 2a 1. 4b > ID="5">GD10 DM 28. 3a 2. 5b ""> C. PRICE INCREASE OCTOBER 1988 """ ID="1">Individualincreases by customer -a 17. 10b "> ID="1">GC15 GD9 25. 7a 1. 10b > ID="2"" ID="3"" ID="4">GC3 GD2 -a 1. 10b 1. 11b > ID="5"" ID="6">70 30. 6a 15. 7b > ID="7""" ID="1">SBS10-13 30. 8a 15. 10b > ID="2">SBS50 29. 8a 1. 10b > ID="3">SBS50 21. 11a 23. 1b > ID="4">SBS2 29. 9a 1. 10b > ID="5">SBS6 % 19. 10a 1. 1b > ID="6"" ID="7">SBS350-500 -a 1. 10b 1. 1b "> ID="1">GD9 -a 31. 10b > ID="2"" ID="3"" ID="4"" ID="5">GD10 -a 15. 11b > ID="6"" ID="7">GD350 14. 9a 1. 11b "> ID="1">GC15 11. 7a 1. 10b > ID="2">GC50 26. 8a 1. 10b > ID="3"" ID="4">GC3 11. 7a 1. 10b > ID="5">GC15 11. 7a 1. 10b > ID="6">GC100 later:70 11. 7a 1. 10b > ID="7">385 1. 8a 1. 10b "> ID="1">GD9 Julya 1. 11b > ID="2">GD30 11. 7a 1. 10b > ID="3"" ID="4"" ID="5"" ID="6"" ID="7">GD350 -a 1. 11b "> ID="1">GD9 2. 8a 15. 10b "> ID="1">GC10 % GD7 % 29. 8a 20. 10b > ID="2">GC50 GD30 15. 7a 1. 10b "> ID="1">GD9 Augusta 1. 9b "> ID="1">GD9 28. 7a 1. 10b > ID="2"" ID="3"" ID="4">GD2 19. 9a 1. 11b "> ID="1">GC15 GD9 25. 7a 15. 10b "> ID="1">GD9 26. 9a 2. 11b > ID="2">GC50 GD30 7. 7a 1. 11b > ID="3"" ID="4"" ID="5">GC15 GD10 13. 10a 1. 12b "> ID="2">GC45-55 15. 7a 1. 10b "> ID="1">SBS10-15 19. 7a 1. 10b > ID="2"" ID="3">SBS50 9. 11a 9. 1b (Graphic) > ID="4"" ID="5">SBS5 % (12) 2. 9a 1. 1b "> ID="2">GC50 22. 7a 1. 10b "> ID="1">GC15 GD9 27. 7a 1. 11b > ID="2">GC50 GD30 26. 7a 1. 11b > ID="3"" ID="4">GC3 GD2 25. 7a 1. 11b > ID="5">GC15 GD10 25. 7a 1. 11b "> ID="1">GC15 GD9 19. 7a 1. 10b > ID="2">GC50-60 GD30 25. 7a 1. 10b > ID="3"" ID="4">GC3 GD2 -a 1. 10b > ID="5">GC15 GD10 20. 7a 1. 10b > ID="6">GC100 GD70 11. 10a -b > ID="7">GC385 GD185 15. 9a 1. 10b "> ID="1">GC15 13. 7a 1. 10b > ID="2">GC50 18. 8a 1. 10b > ID="3"" ID="4">GC3 15. 7a 1. 10b > ID="5">GC15 Julya 1. 10b > ID="6">GC70 14. 7a 15. 9b > ID="7">GC385 15. 7a 1. 9b "> ID="2">GC50 21. 7a 3. 9b "> ID="1">GD9 12. 8a 17. 10b > ID="2">GC30 5. 9a 24. 10b > ID="3"" ID="4">GD2 14. 9a 1. 11b > ID="5">GD10 -a 1. 11b ""> D. PRICE INCREASE APRIL 1989 """ ID="1">GC17 GD9 -a 17. 4b "> ID="1">GC17 GD9 16. 1a 1. 4b for GC 1. 5b for GD > ID="2">GC60 GD30 10. 1a 1. 4b for GC 1. 5b for GD > ID="3">GC- GD25 17. 2a 10. 4b > ID="4">GC3,5 GD2,5 9. 1a 1. 4b for GC 1. 5b for GD > ID="5">GC19 GD10 16. 1a 1. 4b for GC 1. 6b for GD > ID="6">GC120 GD80 23. 11a 16. 2b for GC 2. 1b for GD "> ID="2"" ID="3">GC55 10. 2a 31. 3b "> ID="2"" ID="3"" ID="4">GC3,5 GD2,5 5. 1a 3. 4b "> ID="1">SBS9 10. 3a 10. 4b > ID="2">(SBS)60 13. 2a 1. 4b > ID="3"" ID="4"" ID="5"" ID="6"" ID="7">SBS350-550 -a 1. 3b 1. 4b "> ID="1">GD9 -a 1. 5b > ID="2"" ID="3"" ID="4"" ID="5">GD10 14. 4a 29. 5b "> ID="1">GC17 20. 1a 1. 4b > ID="2">GC60 -a 1. 4b > ID="3">GC55 2. 2a 3. 4b > ID="4">GC3,5 16. 1a 28. 3b > ID="5"" ID="6"" ID="7">GC550 25. 1a 1. 3b "> ID="1">GD9 28. 4a 2. 5b > ID="2">GD30 6. 3a 2. 5b > ID="3">GD25 24. 2a 10. 4b > ID="4">GD2,5 -a 1. 5b > ID="5">GD10 -a 1. 6b > ID="6">GD30 -a 1. 4b > ID="7">GD375 23. 2a 1. 5b "> ID="1">GD9 17. 1a 1. 5b "> ID="2"" ID="3">GD25 16. 2a 10. 5b "> ID="2"" ID="3">GC60 GD25 -a Mayb "> ID="1">7-8 % "> ID="1">GD6,9 % Januarya 1. 4b > ID="2">GD30 -a 1. 5b > ID="3">GD25 -a 10. 4b > ID="4">GD2 20. 2a 1. 4b "> ID="1">GC17 GD9 12. 1a 1. 4b for GC 1. 5b for GD > ID="2">GC60 GD30 26. 1a 4. 4b for GC 8. 5b for GD > ID="3">GC60 GD25 6. 2a 3. 4b > ID="4"" ID="5">GC- GD10 17. 4a 1. 6b "> ID="1">GC17 GD9 30. 1a 1. 4b for GC 1. 5b for GD > ID="2">GC60 GD30 20. 1a 1. 4b for GC 1. 5. for GD > ID="3">GC55 GD25 20. 2a 17. 4b > ID="4"" ID="5">GC19 GD10 -a 7. 4b for GC 1. 6b for GD "> ID="2">GC60 20. 1a 1. 4b > ID="3">GC11 % 26. 1a 3. 4b > ID="4"" ID="5">GC10 % (19) 20. 1a 1. 4b "> ID="1">SBS9 Februarya 1. 4b > ID="2">SBS70 20. 1a 1. 4b > ID="3">SBS60 (2) 26. 1a 3. 4b > ID="4">SBS3,5 -a 31. 3b "> ID="2">GC12 % 9. 1a 1. 4b "> ID="2"" ID="3">GC55 -a 17. 4b "> ID="1">GC17 GD9 -a 1. 4b for GC 1. 5b for GD > ID="2">GC60 GD30 13. 1a 1. 4b for GC 1. 5b for GD > ID="3">GC60 GD25 17. 2a 17. 4b > ID="4">GC3,5 GD2,5 13. 1a 1. 4b for GC 1. 5b for GD > ID="5">GC19 GD10 -a 1. 4b for GC 1. 6b for GD > ID="6">GC120 GD80 -a Februaryb for GC Januaryb for GD "> ID="2">GD30 -a 1. 5b > ID="3">GD25 8. 2a 10. 4b "> ID="1">GC17 5. 1a 1. 4b GD9 5. 1a 1. 5b > ID="2">GC60 5. 1a 3. 4b GD30 5. 1a 2. 5b > ID="3">GC10 % (55) 8. 2a 4. 3b GD6 % (25) 8. 2a 1. 4b > ID="4">GC3,5 5. 1a 1. 4b GD2,5 5. 1a 1. 5b > ID="5">GC19 23. 1a 1. 4b GD10 17. 4a 1. 6b > ID="6">GC120 -a 15. 2b GD80 (50 30) -a 1. 1b 1. 4b "> ID="1">GC17 18. 1a 1. 4b > ID="2"" ID="3">GC60 6. 2a 1. 4b > ID="4">GC3,5 -a 1. 4b > ID="5">GC19 9. 1a 1. 4b > ID="6">GC120 6. 12a 15. 2b > ID="7">GC550 20. 1a 1. 4b "> ID="2">GC60 3. 1a 1. 4b GD30 5. 1a 2. 5b "> ID="1">GD9 20. 1a 2. 5b > ID="2">GD7 % (30) 30. 1a 1. 5b > ID="3">GD25 20. 1a 1. 4b > ID="4">GD2 6. 3a 1. 5b > ID="5">GDDM 6. 3a 1. 5b > ID="6"" ID="7">GD375 13. 3a 1. 5b ""> E. PRICE INCREASE OCTOBER 1989 (GC AND SBS ONLY) """ ID="1">GC 115 GC 211 19. 7a 1. 10b "> ID="1">GC 115 GC 211 1. 8a 1. 10b > ID="2">GC 160 GC 250 25. 7a 1. 10b > ID="3">GC 162 GC 252 31. 7a 2. 10b > ID="4">GC 13,3 GC 22,5 -a 1. 10b > ID="5">GC 117 GC 213 -a 1. 10b > ID="6">GC 1120 GC 290 -a 1. 10b "> ID="1">SBS11 31. 7a 1. 10b > ID="2">SBS40 20. 7a 1. 10b > ID="3">SBS60 2. 8a 1. 10b > ID="4"" ID="5"" ID="6">SBS13 (3) 8. 8a 1. 10b > ID="7">SBS580 25. 5a 1. 10b "> ID="1">GC 115 GC 211 7. 7a 1. 10b > ID="2">GC 150 GC 240 7. 7a 1. 10b > ID="3">GC 162 GC 252 7. 7a 2. 10b > ID="4">GC 13,3 GC 22,5 7. 7a 2. 10b > ID="5">GC 117 GC 213 7. 7a 2. 10b > ID="6">GC 1120 GC 290 11. 7a 4. 9b > ID="7">GC 1580 GC 2580 7. 7a 2. 10b "> ID="1">GC 115 GC 211 7. 8a 2. 10b > ID="2"" ID="3">GC 18 % (60) GC 27 % (50) 7. 8a 2. 10b > ID="4">GC 13 2 -a 1. 10b "> ID="1">GC 18 % GC 28 % 28. 7a 2. 10b > ID="2">GC 150 GC 240 20. 7a 1. 10b "> ID="1">GC 115 GC 211 4. 9a 2. 10b > ID="2">GC 150 GC 240 Augusta 1. 10b > ID="3"" ID="4"" ID="5"" ID="6">GC 1120 GC 290 20. 7a 1. 9b "> ID="1">GC 215 (11) 10. 7a 1. 10b > ID="2">GC 240 End Julya 1. 10b > ID="3">GC 29,5 % 27. 7a 2. 10b > ID="4"" ID="5">GC 213 17. 8a 1. 10b "> ID="1">SBS6 % 10. 7a 1. 10b > ID="2">SBS(6-8 %) (40) -a Octoberb > ID="3">SBS60 27. 7a 2. 10b "> ID="2">65 50 27. 7a 1. 10b "> ID="2"" ID="3">GC 162 GC 252 17. 8a 9. 10b "> ID="1">GC11 -a Octoberb > ID="2">GC 150 GC 240 -a Octoberb > ID="3"" ID="4"" ID="5"" ID="6">GC 1120 GC 290 3. 7a 1. 9b "> ID="1">GC 115 GC 211 24. 7a 2. 10b > ID="2">GC 150 GC 240 7. 8a 30. 9b > ID="3">GC 162 GC 252 4. 8a 2. 10b > ID="4">GC 13,3 GC 22,5 1. 8a 1. 10b > ID="5">GC 117 GC 213 15. 8a 2. 10b > ID="6">GC 1120 GC 290 11. 7a 1. 9b > ID="7">GC 1610 (580) GC 2580 -a 1. 10b "> ID="1">GC 115 GC 211 13. 7a 2. 10b > ID="2">GC 150 GC 240 13. 7a 2. 10b > ID="3">GC 165 GC 255 13. 7a 2. 10b > ID="4">GC 13,3 GC 22,5 13. 7a 2. 10b > ID="5">GC 117 GC 213 13. 7a 2. 10b > ID="6">GC 1120 GC 290 13. 7a 1. 9b > ID="7">GC 1580 GC 2580 13. 7a 2. 10b "> ID="1">GC 2- > ID="2">GC 240 > ID="3">GC 259 ""> F. PRICE INCREASE APRIL 1990 """ ID="1">8 % -a 1. 4b "> ID="1">GC 115 GC 213 GT11 GD10 29. 1a 1. 4b > ID="2">GC 150 GC 240 GT GD40 5. 1a 1. 4b > ID="3">GC 158 GC 254 GT GD45 1. 2a 2. 4b > ID="4">GC 12,5 GC 22,5 GT3 GD2,5 29. 1a 1. 4b > ID="5">GC 113 GC 213 GT11 GD10 Januarya 1. 4b > ID="6">GC 190 GC 290 GT70 GD70 1. 2a 1. 4b "> ID="1">SBS13 30. 5a 1. 6b > ID="2">SBS40 20. 2a 1. 4b > ID="3">SBS8,5 % 9. 2a 9. 4b "> ID="1">GC13 GT11 GD10 -a 1. 4b "> ID="1">GC 113 GC 213 31. 1a 1. 4b > ID="2">GC 140 GC 240 31. 1a 2. 4b > ID="3">GC 158 GC 254 30. 1a 2. 4b > ID="4">GC 12,5 GC 22,5 29. 1a 2. 4b > ID="5">GC 113 GC 213 -a 2. 4b > ID="6">GC 190 GC 290 -a 2. 4b > ID="7">GC 1535 GC 2425 5. 2a 1. 4b "> ID="1">GD10 GT11 Januarya 2. 4b > ID="2">GD40 GT50 30. 1a 2. 4b > ID="3">GD45 GT 30. 1a 2. 4b > ID="4">GD2,5 GT2,8 31. 1a 2. 4b > ID="5">GD10 GT11 31. 1a 2. 4b > ID="6"" ID="7">GD300 "> ID="1">Doc. F 7-1 "> ID="2"" ID="3">GD45 -a -b "> ID="1">GD10 -a 1. 4b > ID="2"" ID="3">GD45 1. 2a 19. 3b "> ID="1">GD11 GT11 Februarya Aprilb > ID="2"" ID="3">GD40 GT40 26. 2a 2. 4b > ID="4">GD2,5 GT2,8 4. 4a 1. 5b > ID="5">GD10 GT10 7. 3a 1. 4b "> ID="1">GC 113 GC 213 GT11 GD10 18. 1a 1. 3b > ID="2">GC 150 GC 240 GT50 GD40 19. 1a 1. 3b > ID="3">GD45 22. 12a 1. 3b > ID="4">GC 12,5 GC 22,5 GT2,8 GD2,5 23. 1a 1. 3b > ID="5">GC 113 GC 213 GT11 GD10 19. 1a 1. 3b "> ID="2"" ID="3">GC 158 GC 254 GT, GD45 30. 1a 1. 3b "> ID="1">GC 1 & 213 GT11 GD10 21. 2a 2. 4b > ID="2">GC 1 & 240 GT40 GD40 Februarya 2. 4b for GC 1. 5b for GD > ID="3"" ID="4">GC 1 & 22,5 GT2,5 GD2,5 Februarya 2. 4b > ID="5">GC 1 & 213 GT11 GD10 15. 2a 2. 4b > ID="6">GC 1 & 290 GT70 GD70 12. 3a 1. 4b "> ID="1">GC13 6. 2a 2. 4b > ID="2">GC40 22. 1a 2. 4b > ID="3">GC54 11. 1a 2. 4b > ID="4">GC2,5 -a 2. 4b > ID="5">GC13 - 2. 4 > ID="6">GC90 -a 2. 4b > ID="7">GC425 -a 2. 4b "> ID="1">SBS13 -a 1. 4b > ID="2">SBS40 -a 1. 4b > ID="3">SBS50 24. 1a 2. 4b > ID="4">SBS3 -a 1. 4b > ID="5">SBS13 - 1. 4b > ID="6">SBS90 -a 1. 4b > ID="7">SBS480 -a 1. 4b "> ID="2">GC6,5 % 29. 1a 1. 4b "> ID="2"" ID="3">GC9,5 % -a 2. 4b "> ID="1">GC 113 GC 213 GT11 GD10 Januarya 1. 4b > ID="2">GC 150 GC 240 GT50 GD40 22. 1a 1. 4b > ID="3">GC 158 GC 254 GT45 GD45 22. 1a 1. 4b > ID="4">GC 12,5 GC 22,5 GT2,5 GD2,5 22. 1a 1. 4b > ID="5">GC 113 GC 213 GT11 GD10 22. 1a 1. 4b > ID="6">GC 190 GC 290 GT70 GD70 19. 1a 1. 4b "> ID="2"" ID="3">GD28 1. 2a 2. 4b "> ID="1">GC13 GD10 1. 2a 2. 4b > ID="2">GC 150 GC 240 19. 1a 1. 4b > ID="3">GC 158 GC 254 GD45 (9,5 %) 2. 2a 2. 4b > ID="4">GC2,5 GD2,5 28. 2a 1. 4b > ID="5">GC13 GD10 31. 1a 1. 4b > ID="6">GC90 30. 1a 2. 4b "> ID="1">GC13 12. 1a 1. 4b > ID="2"" ID="3">GC 158 GC 254 30. 1a 1. 4b > ID="4">GC2,5 -a 1. 4b > ID="5">GC13 -a 1. 4b > ID="6">GC90 8. 3a 4. 4b > ID="7">GC 1535 GC 2425 30. 1a 1. 4b "> ID="2">6-7 % -a 1. 4b > ID="3">GC9,5 % -a 2. 4b > ID="4"" ID="5">GC 213 GD 210 "> ID="2">GC 240 GD 240 -a 1. 4b > ID="3">GC 250 GD 250 -a 2. 4b > ID="4"" ID="5">GC 213 GD 210 -a 1. 4b "> ID="1">GD9 28. 2a 15. 4b > ID="2">GD40 8. 3a 15. 4b > ID="3">GD45 -a 2. 4b > ID="4">GD2,5 5. 3a 15. 4b > ID="5">GD9 DM 8. 3a 15. 4b > ID="6">GD70 22. 1a -b > ID="7">GD350 8. 3 15. 4 ""Note: Finnboard, Feldmuehle and Kopparfors all increaseed their prices for Spain by 9 Pta/kg for GC 1 and by 8 Pta/kg for GC 2. > G. PRICE INCREASE JANUARY 1991 """ ID="1">GC12 GD12 24. 9a 14. 1b "> ID="1">GC12 GT15 GD12 5. 10a 7. 1b > ID="2">GC40 GT50 GD40 3. 10a 7. 1b > ID="3">GC40 GT50 GD40 5. 10a 7. 1b > ID="4">GC2,5 GT3 GD2,5 -a 7. 1b > ID="5">GC14 GT17 GD14 25. 10a 1. 7b > ID="6">GC80 GT100 GD80 17. 10a 7. 1b > ID="7">GC425 GT425 GD425 -a 7. 1b "> ID="2"" ID="3"" ID="4"" ID="5"" ID="6"" ID="7">SBS425 17. 12a 1. 1b "> ID="1">GD12 -a 7. 1b "> ID="1">GC6-7 % 12-14 5. 10a 28. 1b > ID="2">GC6-7 % 5. 10a 27. 1b > ID="3">GC6-7 % 40 5. 10a 27. 1b > ID="4"" ID="5"" ID="6">GC6 % 5. 10a 1. 2b "> ID="1">GD12 1. 10a 1. 1b > ID="2">GD40 12. 10a 1. 1b > ID="3">GD40 15. 10a 1. 1b > ID="4">GD2,5 10. 8a 1. 1b > ID="5">GD14 8. 10a 1. 1b > ID="6">GD80 8. 10a 1. 1b > ID="7">GD425 17. 10a 1. 1b "> ID="1">doc. G 7-1 "> ID="2"" ID="3">40 31. 10a 28. 1b "> ID="1">GD12 6. 12a 14. 1b > ID="2"" ID="3">GD40 21. 11a 28. 1b "> ID="1">GD14 Novembera 14. 1b > ID="2"" ID="3">GD40 2. 11a 14. 1 > ID="4">GD2,5 15. 11a 14. 1 > ID="5">GD14 15. 11a 14. 1b "> ID="1">all14 Septembera 7. 1b > ID="2">GC, GD40 GT45 13. 9a 7. 1b > ID="3">all40 17. 9a 7. 1b > ID="4"" ID="5">all14 17. 9a 7. 1b "> ID="1">all14 Septembera 7. 1b "> ID="1">all12 17. 9a 7. 1b > ID="2"" ID="3">GC40 GT50 GD40 19. 9a 7. 1b > ID="4">all2,5 17. 9 7. 1b > ID="5"" ID="6">all80 17. 9a 7. 1b "> ID="1">GC12 6. 11a 14. 1b > ID="2">GC40 19. 10a 2. 1b > ID="3">GC40 (6 %) 19. 10a 28. 1b > ID="4">GC2,5 -a 2. 1b > ID="5">GC14 30. 10a 1. 1b > ID="6">GC90 "> ID="1">SBS12 6. 11a 14. 1b > ID="2">SBS40 19. 10a 2. 1b > ID="3">SBS40 19. 10a 28. 1b > ID="4"" ID="5">SBS12 11. 2a 1. 4b "> ID="2">GC6 % 8. 10a 2. 1b "> ID="2"" ID="3">GC40 -a 28. 1b "> ID="1">all12 > ID="2">GC40 GT45 GD40 5. 10a 2. 1b > ID="3">all40 5. 10a 31. 1b > ID="4">all2,5 11. 10a 2. 1b > ID="5">all14 -a 2. 1b > ID="6">all90 "> ID="1">GD12 later:7 -a 1. 1b > ID="2"" ID="3">GD40 29. 10a 28. 1b "> ID="1">all12 19. 9a 2. 1b > ID="2">GC40 GT50 GD40 20. 9a 2. 1b > ID="3">all40 24. 9a 2. 1b > ID="4">all2,5 26. 9a 2. 1b > ID="5">all14 20. 9a 2. 1b > ID="6">all90 -a 1. 1b > ID="7">all425 -a 2. 1b "> ID="1">GC12 19. 9a 7. 1b > ID="2">GC40 19. 9a 7. 1b > ID="3">GC40 19. 9a 7. 1b > ID="4">GC2,5 19. 9a 7. 1b > ID="5">GC14 19. 9a 7. 1b > ID="6">GC80 19. 9a 7. 1b > ID="7">GC425 8. 10a 7. 1b "> ID="2"" ID="3"" ID="4"" ID="5">all14 10. 12a 1. 2b "> ID="1">GD12 9. 11a 15. 1b > ID="2">GD40 7. 11a 15. 1b > ID="3">GD40 -a 15. 1b > ID="4">GD2,5 20. 11a 15. 1b > ID="5">GDDM 12 13. 11a 15. 1b > ID="6"" ID="7">GD460 12. 11a 15. 1b ""Note: The main producers supplying the Spanish market (Cascades, Finnboard, MoDo, Feldmuehle and Tampella Española) all increased their prises by 5 Pta/kg. > (1) a = date increase notified to customers. b = date increase effective.(2) a = date increase notified to customers. b = date increase effective.(3) a = date increase notified to customers. b = date increase effective.(4) a = date increase notified to customers. b = date increase effective.(5) a = date increase notified to customers. b = date increase effective.(6) a = date increase notified to customers. b = date increase effective.(7) Packaging.(8) a = date increase notified to customers. b = date increase effective.(9) Postponed to 1. 1. 1990.(10) a = date increase notified to customers. b = date increase effective.(11) a = date increase notified to customers. b = date increase effective.(12) a = date increase notified to customers. b = date increase effective.(13) a = date increase notified to customers. b = date increase effective.(14) a = date increase notified to customers. b = date increase effective.

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