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2003/2/EC: Commission Decision of 21 November 2001 relating… Article 1

Article 1

1. The following undertakings have infringed Article 81(1) of the Treaty and Article 53(1) of the EEA Agreement: (a) F. Hoffmann-La Roche AG by participating in agreements affecting the Community and EEA markets for vitamins A, E, B1, B2, B5, B6, C, D3, H, folic acid, beta-carotene and carotinoids; (b) BASF AG by participating in agreements affecting the Community and EEA markets for vitamins A, E, B1, B2, B5, C, D3, H, beta-carotene and carotinoids; (c) Aventis SA by participating in agreements affecting the Community and EEA markets for vitamins A, E, and D3; (d) Lonza AG by participating in agreements affecting the Community market for vitamin H; (e) Solvay Pharmaceuticals BV by participating in agreements affecting the Community and EEA markets for vitamin D3; (f) Merck KgaA by participating in agreements affecting the Community and EEA markets for vitamins C and H; (g) Daiichi Pharmaceutical Co. Ltd by participating in agreements affecting the Community and EEA markets for vitamins B5 and B6; (h) Eisai Co. Ltd by participating in agreements affecting the Community and EEA market for vitamin E; (i) Kongo Chemical Co. Ltd by participating in agreements affecting the Community market for folic acid; (j) Sumitomo Chemical Co. Ltd by participating in agreements affecting the Community market for vitamin H; (k) Sumika Fine Chemicals Ltd by participating in agreements affecting the Community market for folic acid; (l) Takeda Chemical Industries Ltd by participating in agreements affecting the Community and EEA markets for vitamins B1, B2, B6, C, and folic acid; and (m) Tanabe Seiyaku Co. Ltd by participating in agreements affecting the Community market for vitamin H. 2. The duration of the infringements was as follows: (a) F. Hoffmann-La Roche AG, with respect to: - vitamin A: from September 1989 to February 1999, - vitamin E: from September 1989 to February 1999, - vitamin B1: from January 1991 to June 1994, - vitamin B2: from July 1991 to September 1995, - vitamin B5: from September 1991 to February 1999, - vitamin B6: from January 1991 to June 1994, - vitamin C: from January 1991 to August 1995, - vitamin D3: from January 1994 to June 1998, - vitamin H: from October 1991 to April 1994, - folic acid: from January 1991 to June 1994, - beta-carotene: from September 1992 to December 1998, - carotinoids: from May 1993 to December 1998; (b) BASF AG, with respect to: - vitamin A: from September 1989 to February 1999, - vitamin E: from September 1989 to February 1999, - vitamin B1: from January 1991 to June 1994, - vitamin B2: from July 1991 to September 1995, - vitamin B5: from September 1991 to February 1999, - vitamin C: from January 1991 to August 1995, - vitamin D3: from January 1994 to June 1998, - vitamin H: from October 1991 to April 1994, - beta-carotene: from September 1992 to December 1998, - carotinoids: from May 1993 to December 1998; (c) Aventis SA, with respect to: - vitamin A: from September 1989 to February 1999, - vitamin E: from September 1989 to February 1999, - vitamin D3: from January 1994 to July 1998; (d) Takeda Chemical Industries Ltd, with respect to: - vitamin B1: from January 1991 to June 1994, - vitamin B2: from January 1992 to September 1995, - vitamin B6: from January 1991 to June 1994, - vitamin C: from January 1991 to August 1995, - folic acid: from January 1991 to June 1994; (e) Merck KgaA, with respect to: - vitamin C: from January 1991 to August 1995, - vitamin H: from October 1991 to April 1994; (f) Daiichi Pharmaceutical Co. Ltd, with respect to: - vitamin B5: from September 1991 to February 1999, - vitamin B6: from January 1991 to June 1994; (g) Lonza AG, with respect to: - vitamin H: from October 1991 to April 1994; (h) Solvay Pharmaceuticals BV, with respect to: - vitamin D3: from January 1994 to June 1998; (i) Eisai Co. Ltd, with respect to: - vitamin E: from January 1991 to February 1999; (j) Kongo Chemical Co. Ltd, with respect to: - folic acid: from January 1991 to June 1994; (k) Sumitomo Chemical Co. Ltd, with respect to: - vitamin H: from October 1991 to April 1994; (l) Sumika Fine Chemicals Ltd, with respect to: - folic acid: from January 1991 to June 1994; (m) Tanabe Seiyaku Co. Ltd, with respect to: - vitamin H: from October 1991 to April 1994;

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