2003/6/EC: Commission Decision of 13 December 2000 relating to a proceeding pursuant to Article 82 of the EC Treaty (COMP/33.133-C: Soda ash — Solvay) (notified under document number C(2000) 3795) (Text with EEA relevance)

• Articles: 3

Article 1

Solvay et Cie SA, now Solvay SA (Solvay), infringed Article 86 of the EEC Treaty (now Article 82 of the EC Treaty) from 1983 until around the end of 1990 by a course of conduct aimed at excluding or severely limiting competition and consisting of:

(a) the conclusion of agreements with customers which required them to purchase the whole or a very large proportion of their requirements of soda ash from Solvay for an indefinite or excessively long period;

(b) the granting of substantial rebates and other financial inducements referable to marginal tonnage over and above the customer's basic contracted tonnage in order to ensure that they bought all or most of their requirements from Solvay;

(c) making the granting of rebates dependent upon the customer agreeing to buy the whole of its requirements from Solvay.

Article 2

A fine of EUR 20 million is imposed on Solvay in respect of the infringement specified in Article 1(b) and (c).

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 %.

Article 3

This Decision is addressed to Solvay SA, rue du Prince Albert/Prins Albertstraat 33, B-1050 Brussels.

This Decision shall be 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) Glaverbel (to Solvay's knowledge) had to purchase some 10000 tonnes per annum from East Germany to offset its exports of glass to that country. Apart from this tonnage it was supplied only by Solvay.

(9) [1979] ECR 461.

(10) [1978] ECR 207.

(11) [1979] ECR 1869.

(12) [1975] ECR 1663.

(13) [1983] ECR 3465.

(14) OJ L 10, 13.1.1989, p. 50.

(15) [1992] ECR II-315.

(16) [1994] ECR I-2555.

(17) [1995] ECR II-1825.

(18) [2000] ECR I-2391.

(19) [1999] ECR II-931.

(20) OJ L 319, 29.11.1974, p. 1.