18. 8. 86 Official Journal of the European Communities No L 230/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 April 1986 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.149 — Polypropylene) (Only the German, English, French, Italian and Dutch texts are authentic) (86/398/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 Article 3 (1) thereof, Having regard to the Commission Decision of 30 April 1984 to open a proceeding on its own initiative, Having given the parties 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, Whereas: PART 1 THE FACTS 1. The present Decision arises from investigations made in October 1983 under Article 14 (3) of Council Regulation No 17 with most of the producers of the bulk thermoplastic polypropylene supplying the EEC market. During the investigations the Commission discovered documentary evidence showing that the majority of the suppliers of polypropylene in the EEC had participated on a regular basis since about the end of 1977 in an institutionalized system of meetings between representatives of the producers at both senior and technical managerial levels (the so-called ‘bosses” and ‘experts” meetings). In these meetings, which came to be held on a twice-monthly basis and (*) OJ No 13, 21. 2. 1962, p. 204/62. were supplemented by ad hoc local meetings for each Member State, the producers developed a system of annual volume control to share out the available market between themselves according to agreed percentage or tonnage targets and regularly set target prices which were implemented in a series of so-called price ‘initiatives’. The four major producers, ICI, Hoechst, Montepolimeri and Shell (the last of which did not however attend regular bosses’ or experts’ meetings) formed an unofficial directorate known as the ‘big four’, with the perceived task of leading and encouraging the smaller producers in implementing the various schemes. (2) OJ No 127, 20. 8. 1963, p. 2268/63.