L 239/18 Official Journal of the European Communities 6.9.2002 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 December 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case No COMP[E-1/36 604 — Citric acid (notified under document number C(2001) 3923) (Only the German, English and Dutch texts are authentic) (Text with EEA relevance) (2002/742[EC) 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 ('), as last amended by Regulation (EC) No 1216/1999 (3, and in particular Articles 3 and 15(2) thereof, Having regard to the Commission Decision of 28 March 2000 to open a proceeding 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 284298 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: PART I — FACTS A. SUMMARY OF THE INFRINGEMENT (1)  This Decision is addressed to the following undertakings: — Archer Daniels Midland Company Inc., — Cerestar Bioproducts BV, — F. Hoffmann-La Roche AG, — Haarmann & Reimer Corporation, — Jungbunzlauer AG. () O] 13, 21.2.1962, p. 204[62. () O] L 148, 15.6.1999, p. 5. 0] L 354, 30.12.1998, p. 18.