20.6.2003 Official Journal of the European Union L 153/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP[E-1/37.027 - Zinc phosphate) (notified under document number C(2001) 4237) (Only the German, English and French texts are authentic) (Text with EEA relevance) (2003/437EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, 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 Regulation (EC) No 1216/1999 (3), and in particular Articles 3 and 15 thereof, Having regard to the Commission’s decision of 2 August 2000 to initiate proceedings in this case, 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 (EC) No 2842 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (%), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Having regard to the final report of the Hearing Officer in this case (¥, Whereas: 1. THE FACTS 1.1. SUMMARY OF THE INFRINGEMENT This Decision imposing fines for an infringement of Article 81 of the Treaty and Article 53 of the EEA Agreement is addressed to the following undertakings: — Britannia Alloys & Chemicals Limited (Britannia), — Dr Hans Heubach GmbH & Co. KG (Heubach), — James M. Brown Limited (James Brown), — Société Nouvelle des Couleurs Zinciques SA (SNCZ), — Trident Alloys Limited (Trident), — Waardals Kjemiske Fabrikker A[S (Waardals). The infringement consists of the participation of the producers of zinc phosphate in a continuing infringement and/or concerted practice contrary to Article 81(1) of the Treaty and Article 53(1) of the EEA Agreement, covering the whole of the Community and Norway, Austria, Sweden and Finland, by which they: — fixed the price for the product,