17.3. 89 Official Journal of the European Communities NoL-74/21 COMMISSION DECISION - of 21 December 1988 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/31.866, LdPE) (Only the Spanish, German, English, French, Italian and: Dutch texts are authentic) (89/191/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 Article 3 (1) thereof, Having regard to the Commission decision of 24 March 1988 to initiate a proceeding on its own initiative, Having given the parties concerned the opportunity to make know their views on the objections raised by the Commission, pursuant to Article 19 (1) of Regulation No 17 and Regulation No 99/63/EEC of the Commission of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (2), After consulting the Advisory Committee on Restrictive- Practices and Dominant Positions, Whereas: PART 1 THE FACTS - (1)  This Decision concerns the application of Article 85 of the EEC Treaty to collusive arrangements amounting - to a cartel of almost all the producers supplying the bulk thermoplastic LAPE (low density polyethylene) in the Community in pursuance of which they held regular secret meetings in order to coordinate their commercial behaviour, plan concerted price initiatives, fix target and/or minimum prices, agree . target sales quotas and monitor the-progress of the said collusive arrangements. (1) O] No 13, 21. 2. 1962, p. 204/62. (2) O] No 127, 20. 8. 1963, p. 2268/63. A, Introduction 1. The undertakings (2)  The undertakings-to which this Decision is addressed are all major petrochemical producers. Most are located inside the Community and although a small number have their headquarters outside the Community, they all trade inside the Community and in some cases have plant in one or more of the Member States. The 17 undertakings to which this Decision is addressed are: Atochem BASF BP Bayer Chemie Holding (formerly known as Chemie Linz) Dow DSM Enichem Hoechst ICI Monsanto Montedison Neste Oy Orkem (formerly known as CdF Chimie) (3) Repsol Quimica (formerly known as Alcudia) Shell Statoil - (3) A statement of objections was addressed to one other undertaking — Exxon Chemicals International Inc. (formerly known as Essochem), on the basis of a suspected peripheral involvement with the cartel — but proceedings were discontinued following the filing by that undertaking of evidence which was considered (3) In September 1988 (during the course of the oral hearing in this case) CdF Chimie changed its name to Orkem. In the reasoning of this Decision the undertaking will be referred to by its former name of ‘CdF’, the title used in the statement of objections. Othér undertakings which changed their name between the date of the - alleged infringement and the opening of proceedings were referred to in the statement of objections under their new style: Chemie Holding and Repsol Quimica.