18. 3. 92 Official Journal of the European Communities No L 72/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 24 July 1991 relating to a proceeding pursuant to Article 86 of the EEC Treaty (IV/31043 — Tetra Pak II) (only the English and French texts are authentic) (92/163/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 (2) thereof, Having regard to the application made to the Commission on 7 September 1983 by Elopak Italia SRL of Milan, Italy, to find, pursuant to Article 3 of Regulation No 17, that Tetra Pak Italiana of Modena, Italy, and its associated companies had infringed Article 86 of the Treaty, Having regard "to the Commission’s Decision of 9 December 1988 to initiate proceedings in this case, Having given the undertaking concerned the opportunity to make known its views on the objections raised by the Commission, in accordance with Article 19 (1) of Regulation No 17 and with Commission Regulation No (1) OJ No 13, 21. 2. 1962, p. 204/62. 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: A. THE FACTS INTRODUCTION I. The Tetra Pak group of companies (1)  The Tetra Pak group of companies (Tetra Pak) is one of the world leaders in the field of the packaging of liquid and semi-liquid foods in cartons. The group operates both in the field of the non-aseptic packaging of fresh products and in the field of the aseptic packaging of long-life products, and holds a virtual monopoly in the latter. Originally Swedish, Tetra Pak has acquired a global dimension and interests throughout the world. Its consolidated turnover amounted to ECU 2 billion in (2) OJ No 127, 20. 8. 1963, p. 2268/63.