17. 8. 84 Official Journal of the European Communities No L 220/27 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 6 August 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.350 — zinc producer group) (Only the Dutch, English, French and German texts are authentic) (84/405/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 Greece, and in particular Articles 3 (1) and 15(2) thereof, Having regard to the Commission decision of 20 July 1982 to initiate proceedings in this case, Having given the undertakings concerned the oppor- tunity to make known their views on the objections raised by the Commission pursuant to Article 19 (1) of Regulation No 17 and with Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regu- lation No 17 (%), After consultation within the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. THE UNDERTAKINGS The undertakings with which this Decision is concerned are the following zinc producers : () OJ No 13, 21. 2. 1962, p. 204/62. () O] No 127, 20. 8. 1963, p. 2268/63. (1 ) (4) Billiton Nederland BV (Billiton), which has its registered office in The Hague. On 1 January 1969 Billiton acquired a 50 % shareholding in Kempensche Zinkmaatschappig (KZM), and on 1 March 1970 took over the remaining 50 %. Through KZM, Billiton has since 1971 held half the shares of the Budel (Netherlands) smel- ting plant Budelco BV (Budel), the other half of which is owned by Australian Overseas Smelting Pty (AOS), a subsidiary of Australian Mining and Smelting Europe Ltd (AMSE) (see point 5). Metaligesellschaft AG (MG), which has its regis- tered office :n Frankfurt/Main. Société Miniere et Métallurgie de Penarroya SA (Penarroya), which has its registered office in Paris and owns a majority shareholding in the [talian company Pertusola Sud. Preussag AG (PAG), which has registered offices in Berlin and Hanover. The Rio Tinto Zinc Corporation plc (RTZ), whose registered office is in London. RTZ had over the relevant period and/or has sharehol- dings in the following companies : — CRS Ltd, which has its registered office in Victoria, Australia, and acts as a holding company,