No L 152/16 Official Journal of the European Communities 15.6.91 COMMISSION DECISION of 19 December 1990 relating to a proceeding under Article 85 of the EEC Treaty IV/33.133-B: Soda-ash — Solvay, CFK (Only the French and German texts are authentic) (91/298/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Tre;;ty 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, PART I THE FACTS A.  Summary of the infringement (1) 1.  Thepresent 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 (inter alia) that an infringement of Article 85 of the EEC Treaty had *been committed by the following undertakings: ' (1) OJ No 13, 21. 2. 1962, p. 204/62. (2) OJ No 127, 20. 8. 1963, p. 2268/63. — Solvay et Cie SA, Brussels (Solvay), — Chemische Fabrik Kalk, Cologne (CFK). 2. The infringement can be summarized as follows: : Infringement of Article 85 by Solvay and CFK From a date unknown in about 1987 t¢ at least 1989 Solvay and CFK have participated in an agreement and/or concerted practice contrary to Article 85 of the EEC Treaty by which, for each of the years 1987, 1988 and 1989, Solvay guaranteed CFK a minimum sales tonnage calculated by reference to a formula based on CFK’s achieved sales in Germany during 1986 of 179 Kt and compensated CFK for any shortfall by purchasing from it the tonnages required to bring its sales to the guaranteed minimum. B.  The infringement of Article 85 by Solvay and CFK 1. Background (2)  For details of the product and the soda-ash market, reference is made to Part 1. B of Commission Decision 91/297/EEC (Solvay-ICI) (3). (3)  CFK is a subsidiary of Kali & Salz AG (BASF Group) and is one of three producers of synthetic soda-ash located in Germany. It currently has a production capacity of around 260 Kt. CFK’s market share in Germany is around 15%. Solvay is by far the largest producer supplying the Germany market and has a market share of over 50 %. At all material times it conducted its soda-ash business (3) See page 1 of this Official Journal.