No L 152/54 Official Journal of the European Communities 15.6.91 COMMISSION DECISION of 19 December 1990 relating to a proceeding under Article 85 (1) of the EEC Treaty (IV/33.016 — Ansac) (Only the English text is authentic) (91/301/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 Article 3 (1) thereof, Having regard to the application and notification submitted by American Natural Soda Ash Corporation (‘Ansac’) on behalf of itself and its members on 9 December 1988 with a view of obtaining negative clearance or exemption in respect of arrangements for selling US produced soda-ash in the EEC, Having regard to the Commission’s decision on 3 July 1989 to initiate proceedings, Having given Ansac and its member companies the opportunity to make known their views 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 (2) of Council Regulation No 17 (2), After -consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS A. Introduction (1) This Decision concerns the application of Article 85 of the EEC Treaty to arrangements notified by Ansac for selling in the Community natural dense soda-ash produced in the United States by its member (1) OJ No 13, 21. 2. 1962, p. 204/62. (2) O] No 127, 20. 8. 1963, p. 2268/63. (2) (3) companies for which Ansac has requested negative clearance or in the alternative exemption under Article 85 (3) of the Treaty. B. The parties Ansac is a ‘Webb-Pomerene’ Association — a corporation set up in accordance with the provisions of the United States Export Trade Act 1918, commonly called the Webb-Pomerene Act. The purpose of that Act is to exclude the application of the Sherman Act to United States associations engaged solely in export trade and whose activities do not restrain trade within the United States. The Ansac membership agreement relates solely to export sales, defined as sales of soda-ash produced in the United States and its territories for export to any country other than Canada, except sales made under United States foreign -aid or procurement programmes. The EEC market was excluded up to the notification and pending its outcome Ansac has not implemented the agreement with respect to that market. : Ansac in its current form dates from 1983: its membership agreement was adopted in December of that year. It was formerly known as the Soda Ash Export Association. Ansac’s members are the six United States producers of natural soda-ash: — FMC Wyoming Corporation (‘FMC’), — General Chemical (Soda Ash) Partners (formerly known as Allied Corporation) (‘General Chemical’), — Kerr McGee Chemical Corporation (‘KMG’), — Stauffer Chemical Company (a division of Rhéne-Poulenc Inc., the United States affiliate of the Rhéne-Poulenc Group) (‘Stauffer’),