No L 97/16 Official Journal of the European Communities 18. 4. 91 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 15 March 1991 fixing the total amount of a periodic penalty payment imposed on Compagnie des Cristalleries Baccarat pursuant to Article 16 of Council Regulation No 17 (Case IV/33.300 — Baccarat) (Only the French text is authentic) (91/213/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 (*), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 11 and 16 thereof, Having regard to the Commission Decision of 13 February 1990 addressed to Compagnie des Cristalleries Baccarat (hereinafter referred to as ‘Baccarat’) pursuant to Articles 11 (5) and 16 (1) of Regulation No 17, Having given the firm concerned the opportunity to make known its views on the objections raised by the Commission on 21 September 1990, pursuant to Article 19 (1) of Regulation No 17 and having regard to its written reply dated 1 October 1990, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS (1)  Following a complaint lodged by a company marketing luxury goods, crystalware and gifts against Baccarat in respect of a refusal to supply, () OJ No 13, 21. 2. 1962, p. 204/62. &) @) the Commission initiated an investigation on the basis of Regulation No 17 to determine whether the conduct of Baccarat constituted an infringe- ment of Article 85 and/or Article 86 of the Treaty. On 13 February 1990, the Commission adopted a decision pursuant to Article 11 (5) of Regulation No 17 requiring Baccarat to provide the informa- tion already requested by letters dated 19 September and 15 November 1989 under Article 11 (1) of the said Regulation. ' The Decision required Baccarat ‘to provide, within two weeks of the date of notification of this Deci- sion, the information specified in the Annex to this Decision.’ The Decision also stated that, failing a reply from Baccarat within the time limit fixed, a periodic penalty payment of ECU 1 000 per day would be imposed on it for each day of delay after the two- week period starting from the date of notification of the Decision. Since the Decision was notified to the company in question on 16 February 1990, the daily penalty payment of ECU 1000 took effect on 5 March 1990, i.e. two weeks after the notification date, calculated from the first working day thereafter, namely 19 February 1990.