15.6.91 Official Journal of the European Communities No L 152/21 COMMISSION DECISION of 19 December 1990 relating to a proceeding under Article 86 of the EEC Treaty 1V/33.133-C: Soda-ash — Solvay (Only the French text is authentic) . (91/299/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 3 and 15 thereof, Having regard to the Commission Decision of 19 February 1990 to open a proceeding on its own initiative pursuant to Article 3 of Regulation No 17, Having given the undertaking concerned the opportunity to make known its view on the objections raised by the Commission, pursuant to Article 19 (1) of Regulation No 17 and Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (62) of Council Regulation No 17 (2), After. consulting the Advisory Committee on Restrictive Practices and Dominant Positions, PART I THE FACTS A.  Summary of the infringement (1)  The present Decision arises out of investigations carried out by the Commission in March 1989 pursuant to Article 14 (3) of Regulation No 17 at the premises of Community producers of soda-ash. By means of the said investigations and subsequent enquiries under Article 11 of Regulation No 17 the Commission discovered documentary evidence showing that an infringement of Article 86 had been committed by Solvay et Cie SA, Brussels (Solvay). 2. The infringement can be summarized as follows: (1) OJ No 13, 21. 2, 1962, p. 204/62. (2) OJ No 127, 20. 8. 1963, p. 2268/63. Infringement of Article 86 by Solvay From about 1983 until the present time Solvay has abused the dominant position which it holds in the market for soda-ash in the Community (excluding the United Kingdom and Ireland) by applying to its major customers a system of loyalty rebates and discounts by reference to marginal tonnage, contractual arrangements tending to ensure an effective ex- clusivity of supply for Solvay and other devices which have had the object and effect of tying the said customers to Solvay for the whole of their requirements and of excluding competitors. B.  Background 1. Solvay’s position in the EEC soda-ash market (2)  Details of the product and the soda-ash market are set outin Part 1.B of Commission Decision 91/297/EEC (Solvay-ICI) (3). Solvay is by far the largest producer of soda-ash both worldwide and in the EEC. In the Community it operates plant in Belgium, France, Germany, Italy, Spain, and Portugal and supplies the product to consumers throughout the EEC with the exception of - the United Kingdom and Ireland. (3)  In the nine west European national markets in which Solvay has its own sales organization (the nine ‘Directions nationales’ or ‘DN’ which include Austria and Switzerland) it has had a stable market share of around 70 %. Its four EEC competitors together have only 26%. In the EEC excluding the British Isles (where ICI has a near-monopoly as a result of the ‘home market’ rule: see Decision . . . (ICI)) Solvay’s market share has also historically been around 70 %. With the sole exception of the Netherlands (left largely to NSI and then AKZO as a result of a market-sharing agreement made in 1955 which is not the subject of (3) See page 1 of this Official Journal.