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Solvay et Cie SA, now Solvay SA (Solvay), infringed Article 85 of the EEC Treaty (now Article 81 of the EC Treaty) by participating from about 1987 until at least the end of 1990 in a market-sharing agreement by which Solvay guaranteed to CFK a minimum annual sales tonnage of soda ash in Germany calculated by reference to CFK's achieved sales in 1986, and compensated CFK for any shortfall by purchasing from it the tonnages required to bring its sales to the guaranteed minimum.
A fine of EUR 3 million is imposed on Solvay in respect of the infringement specified in Article 1. The fine shall be paid within three months of the date of notification of this Decision to the following account: Account No 642-0029000-95 European Commission Banco Bilbao Vizcaya Argentaria (BBVA) SWIFT code: BBVABEBB - IBAN code: BE76 6420 0290 0095 Avenue des Arts/Kunstlaan, 43 B-1040 Brussels. After expiry of that period, interest shall become automatically payable at the rate applied by the European Central Bank to its main refinancing operations on the first working day of the month in which this Decision was adopted plus 3,5 percentage points, namely 8,32 %.
This Decision is addressed to Solvay SA, rue du Prince Albert 33, B-1050 Brussels. This Decision is enforceable pursuant to Article 256 of the Treaty. Done at Brussels, 13 December 2000. For the Commission Mario Monti Member of the Commission (1) OJ 13, 21.2.1962, p. 204/62. (2) OJ L 148, 15.6.1999, p. 5. (3) OJ 127, 20.8.1963, p. 2268/63. (4) OJ L 206, 2.8.1984, p. 15. (5) OJ L 311, 29.11.1984, p. 26. (6) OJ L 283, 16.10.1990, p. 38. (7) OJ L 152, 15.6.1991, p. 54. (8) [1975] ECR 1663, paragraph 164. (9) OJ L 35, 7.2.1985, p. 1. (10) OJ L 230, 18.8.1986, p. 1. (11) OJ L 74, 17.3.1989, p. 1. (12) [1992] ECR II-315. (13) [1994] ECR I-2555. (14) [1995] ECR II-1821. (15) [2000] ECR I-2391. (16) [1999] ECR II-931. (17) OJ L 319, 29.11.1974, p. 1.
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