22.9.97 Official Journal of the European Communities L258/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 May 1997 relating to a proceeding pursuant to Article 86 of the EC Treaty (TV/34.621, 35.059/F-3 — Irish Sugar plc) (Only the English text is authentic) (97/624/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 Austria, Finland and Sweden, and in particular Article 3, Article 15 (2) and Article 16 (1) thereof, Having regard to the decision taken by the Commission on 22 April 1993 to initiate proceedings in this case, Having given the undertaking concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with 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 having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: THE FACTS A. The subject of the proceeding (1) This proceeding is concerned with certain practices of Irish Sugar plc (hereinafter referred to as ‘Irish Sugar’) in relation to the commercialization of sugar in Ireland in the period from 1985 onwards. The proceeding was initiated by the issuance of a statement of objections against Irish Sugar and certain other parties in April 1993. On the basis of the arguments put forward by the parties and new complaints by competitors of Irish Sugar within Ireland, the Commission undertook further fact-finding and issued a revised statement of objections against Irish Sugar in March 1996. B. The product concerned The product concerned by this case is sugar. Sugar is produced from sugar beet or cane. With the exception of part of the south of Spain and the French DOM, sugar cane is mainly grown in tropical and subtropical areas .outside the Community. The ACP countries have the right to export to the Community a certain quota of cane sugar, free of import levy. For the purposes of the present Decision, three different types of sugar can be distinguished: white granulated, liquid and speciality sugars. White granulated sugar is the final product after processing beet and refining cane. Different