No L 10/50 Official Journal of the European Communities 13. 1. 89 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 December 1988 relating to a proceeding under Article 86 of the EEC Treaty (IV/31.900, BPB Industries plc) (Only the English text is authentic) (89/22/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 3 and 15 thereof, Having regard to the application made to the Commission by Iberian Trading UK Limited on 17 June 1986, alleging infringements of Article 86 by BPB Industries plc, Having regard to the Commission’s decision of 3 December 1987 to initiate proceedings in the case, Having given the undertaking concerned an opportunity to reply to the objections raised against it, in accordance with Article 19 (1) of Regulation 17 and with Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Regulation No 17 (3, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : i I. THE FACTS (1) . This Decision concerns practices by BPB Industries plc and its subsidiary British Gypsum Limited in ) OJ No 13, 21. 2. 1962, p. 204/62. %) OJ No 127, 20. 8. 1963, p. 2268/63. @ @) “) the United Kirigdom and Ireland, constituting abuses of dominant positions in the supply of plasterboard. N A. The undertakings BPB Industries plc (together with its subsidiaries, BPB) is the British holding company of a major group having worldwide interests notably in gypsum products, other building materials, paper and board. BPB had a consolidated net turnover of £ 750 million (ECU 1116 000) in the year to end March 1987. . In Great Britain, BPB operates in the bﬁilding plaster and plasterboard sectors essentially through a wholly owned subsidiary, British Gypsum Ltd (BG). Apart from plasterboard and building plasters, gypsum products produced by BG include industrial plasters and crushed gypsum rock, which is used in large quantities in the production of cement as well as in diverse other industries. In Ireland, gypsum products, in particular building plasters and plasterboard, are produced by BPB’s Irish subsidiary Gypsum Industries plc (GIL) which supplies the market in Ireland and, through BG, Northern Ireland. The UK turnover of BPB in the building materials sector amounted to £ 350 million (ECU 521 million) in 1987, generating an operating profit of £ 63 million (ECU 94 million).