19. 10. 88 Official Journal of the European Communities No L 284/41 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 July 1988 relating to a proceedingl under Article 86 of the EEC Treaty (Case No IV/30.178 Napier Brown — British Sugar . (Only the English text is authentic) (88/518/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 application made to the Commission pursuant to Article 3 of Regulation No 17 by, inter alia, Napier Brawn and Company Limited, on 19 September 1980, as subsequently amended and extended, alleging infringements of competition rules by British Sugar plc, Having regard to the Commission’s Decision of 3 July 1986, to initiate proceedings in this case, Having given the party concerned the opportunity to make known its 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 (3, After consulting the Advisory Committee on Restrictivé Practices and Dominant Positions, N Whereas : () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. - ) M @ THE FACTS A. Introduction This Decision arises from an application pursuant to Article 3 of Regulation No 17 by Napier Brown and Company Ltd (hereinafter ‘NB’) and certain other United Kingdom sugar merchants — a complaint that was extended and enlarged by NB in mid-1985. NB alleged that British Sugar plc, part of the large multinational group S. & W. Berisford had, contrary to Article 86 of the EEC Treaty, abused the dominant position which it holds in the United Kingdom granulated sugar market. : B. The parties British Sugar plc (hereinafter ‘BS’), based in Peterborough, United Kingdom, is the largest producer and seller of sugar in the United Kingdom and the only processor of sugar beet in the United Kingdom. The turnover of British Sugar - in 1984/85 was £ 637 712 000, and pre-tax profit was £ 53 564 000. BS is a subsidiary of S. & W. Berisford plc (hereinafter ‘Berisford’). Berisford purchased BS in August .1982, following an investigation into the merger by the Monopolies and Mergers Commission '(MMC). The latter, in its report, recommended that the merger should be allowed to proceed, and that potential adverse effects on the public interest be remedied by an undertaking which should commit Berisford :