15.1.2003 Official Journal of the European Communities L 10/33 COMMISSION DECISION of 13 December 2000 relating to a proceeding under Article 82 of the EC Treaty (COMP/33.133-D: Soda-ash — ICI) (notified under document number C(2000) 3796) (Only the English text is authentic) (Text with EEA relevance) (2003/7/EQ) 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 Regulation (EC) No 12161999 (3), and in particular Articles 3 and 15 thereof, Having regard to the Commission's Decision of 19 February 1990 to open a proceeding on its own initiative pursuant to Article 3 of Regulation No 17, Having given the undertaking concerned the opportunity to make known its views on the objections raised by the Commission, 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 Regulation No 17 (3. After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, WHEREAS: PART I THE FACTS A. SUMMARY OF THE INFRINGEMENT 1. INVESTIGATIONS (1) The present Decision arises out of investigations carried out by the Commission in March 1989 pursuant to () O] 13, 21.2.1962, p. 204/62. () OJ L 148,15.6.1999, p. 5. () 0] 127, 20.8.1963, p. 2268/63. Article 14(3) of Regulation No 17 at the premises of Community producers of soda-ash. By means of the said investigations and subsequent enquiries under Article 11 of Regulation No 17 the Commission discovered documentary evidence showing that an infringement of Article 86 of the EEC Treaty (now Article 82 of the EC Treaty) had been committed by Imperial Chemical Industries plc (ICI). 2. INFRINGEMENT OF ARTICLE 82 BY ICI From about 1983 until about the end of 1990 ICI abused the dominant position which it held in the market for soda-ash in the United Kingdom by applying to its major customers a system of loyalty rebates and discounts by reference to marginal tonnage (‘top-slice’ rebates), contractual arrangements tending to ensure an effective exclusivity of supply for ICI and other devices which had the object and effect of tying the said customers to ICI for the whole of their requirements and of excluding competitors. B. THE SODA-ASH MARKET 1. THE PRODUCT The present procedure concerns soda-ash (sodium carbonate), an alkaline chemical commodity which is mainly used as a raw material in the manufacture of glass. Soda-ash is the primary source of sodium oxide which acts as a flux in the glass-melting process. Soda-ash is also used in the chemical industry for making detergents and in metallurgy. In Europe, soda-ash is manufactured from common salt and limestone by the ‘ammonia-soda’ process invented by Solvay in 1865. The Solvay process initially produces light ash which requires a further stage of densification to produce the dense form. The two forms are