Article 1
(1) It is found that the following infringements of Article 85 (1) of the Treaty establishing the European Economic Community have been committed: 1. Eridania, Societè di Zuccherifici, Cavarzere-Produzioni Industriali, Società Italiana per l'Industria degli Zuccheri, Romana Zucchero, Zuccherificio del Volano, Agricola Industriale Emiliana (AIE), SADAM, Zuccherificio di Sermide, on the one hand, and Sucres & Denrées, Béghin, Sucre-Union, Say, Générale Sucrière, Lebaudy-SUC, Raffinerie Tirlemontoise and Süddeutsche Zucker AG, on the other, have committed, since the end of the marketing year 1968/69 infringements of Article 85 (1) by engaging in a concerted practice having as its object and effect the control of deliveries of sugar on the Italian market and consequently the protection of that market. 2. Suiker Unie and the Centrale Suiker Maatschappij ; on the one hand, and the Raffinerie Tirlemontoise and Pfeifer and Langen, on the other, have since the marketing year 1968/1969 (Pfeifer and Langen only since the marketing year 1970/71) committed infringements of Article 85 (1) by engaging in a concerted practice having as its object and effect the control of sugar deliveries on the Dutch market from Belgium and the Western part of Germany and consequently the protection of that market. 3. Pfeifer and Langen, on the one hand, and the Raffinerie Tirlemontoise, on the other, have committed for marketing years 1968/69 onwards infringements of Article 85 (1) by engaging in a concerted practice having as its object and effect control of deliveries of Belgian sugar on the market of the Western part of Germany and consequently protection of that market. 4. Süddeutsche Zucker AG and Franken, on the one hand, and Béghin and Sucre-Union, on the other, have from the marketing year 1970/71 onwards committed infringements of Article 85 (1) by engaging in a concerted practice which had as its object and effect control of deliveries of French sugar on the market of the Southern part of Germany and consequently protection of that market. (2) It is found that the following measures which have been judged in the context of the abovementioned practices, constitute in themselves infringements of Article 86 or Article 85 (1) of the Treaty: 1. The Raffinerie Tirlemontoise has from the marketing year 1968/69 onwards committed an infringement of Article 86 by exercising economic pressure on Belgian exporters to oblige them to restrict their exports; 2. Suiker Unie and Centrale Suiker Maatschappij during the marketing year 1969/70 committed infringements of Article 86 by exerting economic pressure on Dutch importers to oblige them to restrict their imports; 3. Südzucker Verkaufs GmbH have from the marketing year 1968/69 onwards committed infringements of Article 86 by preventing its agents from re-selling sugar from other sources and by tying its clients through granting fidelity rebates; 4. The Westdeutsche Zuckervertriebsgesellschaft and Pfeifer and Langen have from the marketing year 1968/69 onwards committed infringements of Article 85 (1) by concluding agreements with their agents which restrict their opportunities for importing and exporting within the Community. (3) It is found that the Raffinerie Tirlemontoise, Say, Béghin, Générale Sucrière, Lebaudy-SUC, Sucre-Union and Sucres & Denrées have committed in 1970 infringements of Article 85 (1) by concerting together on the amount of refunds to be requested as well as the quantities to be offered in the tendering procedures for refunds for exports to non-member countries.