15.6.91 Official Journal of the European Communities No L 152/1 - (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 December 1990 relating to a proceeding under Article 85 of the EEC Treaty IV/33.133-A: Soda-ash — Solvay, ICI (Only the French and English texts are authentic) (91/297/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 thereof, Having regard to the Commission Decision of 19 February 1990 to open a proceeding on its own initiative pursuant to Article 3 of Regulation No 17, Having given the undertakings concerned 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. (1) O] No 13, 21. 2. 1962, p. 204/62. (2) OJ No 127, 20. 8. 1963, p. 2268/63. (1) PART I THE FACTS A. Summary of the infringement 1.  The present Decision arises out of investigations carried out by the Commission in March 1989 pursuant to Article 14 (3) of Regulation No 17 at the premises of Community producers of soda-ash. By means of the said investigations and subsequent enquiries under Article 11 of Regulation No 17 the Commission discovered documentary evidence showing that an infringement of Article 85 of the EEC Treaty had been committed by the following undertakings: — Solvey et Cie, Brussels (Solvay), —_ Imperiai‘Chemical Industries plc, London (ICI). 2. The infringement can be summarized as follows: Infringement of Article 85 by Solvay and ICI From at least 1 January 1973 Solvay and ICI, the two major producers of soda-ash in the Community, participated in a concerted practice contrary to .