13.12.2006 Official Journal of the European Union L 353/45 COMMISSION DECISION of 20 October 2005 relating to a proceeding under Article 81(1) of the EC Treaty (Case COMP/C.38.281/B.2 — Raw tobacco Italy) (notified under document number C(2005) 4012) (Only the English and Italian texts are authentic) (2006/901 [EC) SUMMARY OF THE DECISION 1. Introduction On 20 October 2005, the Commission adopted a decision relating to a proceeding under article 81 of the EC Treaty (the ‘Decision’). In accordance with the provisions of Article 30 of Regulation 1/2003, the Commission herewith publishes the names of the parties and the main content of the Decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the full text of the Decision can be found in the authentic languages of the case and in the Commission’s working languages at DG COMP web-site at http:// europa.eu.int/comm/competition/index_en.html. From 1995 until the beginning of 2002 four major Italian processors of raw tobacco, namely Deltafina, Dimon (now renamed Mindo), Transcatab and Romana Tabacchi hereinafter collectively referred to as ‘the processors’) entered into agree- ments andfor participated into concerted practices aimed at fixing the trading conditions for the purchase of raw tobacco in Ttaly (in respect of both direct purchases from producers and purchases from third packers), including price fixing and market sharing. The Decision also considers two separate infringements, which took place at least between the beginning of 1999 and the end of 2001, consisting of the fixing by the professional association of Italian tobacco processors (Associazione Professionale Trasformatori Tabacchi Ttaliani, hereinafter ‘APTI) of contract prices which it would negotiate, on behalf of its members, for the conclusion of Interprofessional Agreements with the Italian confederation of associations of raw tobacco producers, Unione Italiana Tabacco, (UNITAB’), and the fixing by UNITAB, of the prices which it would negotiate, on behalf of its members, with APTI for the conclusion of the same agreements. 2. Origin of the case and procedure Having received certain information on the existence of sector- wide agreements setting price ranges for distinct qualities of one or more varieties of raw tobacco, on 15 January 2002 the Commission addressed requests for information to the proces- sors’ and the producers’ trade associations (APTI and UNITAB respectively) which replied on 12 February 2002. On 19 February 2002, the Commission received an application for leniency from Deltafina S.p.A. (Deltafina’, the leading Italian processor) under the terms of the then newly adopted Commission notice on immunity from fines and reduction of fines in cartel cases (the ‘Leniency Notice’). On 6 March 2002 the Commission granted Deltafina conditional immunity status in pursuance of point 15 of the Leniency Notice. On 4 and 10 April 2002 the Commission received other two Leniency applications from Dimon S.rl. (Dimon’) and Transca- tab S.p.A. (‘Transcatab’) respectively. On 18-19 April 2002, the Commission carried investigations at the premises of Dimon, Transcatab Trestina Azienda Tabacchi S. p-A. (Trestina’) and Romana Tabacchi s.r.l. (Romana Tabacchi’). The Commission informed Dimon and Transcatab of its intention to apply reductions to them at the end of the procedure (within bands of 30 %-50 % and 20-30 % respec- tively) on 8 October 2002. On 25 February 2004, the Commission initiated proceedings in this case and adopted a Statement of Objections (hereinafter ‘SO’) to which the addressees were given the opportunity to reply in writing and at the oral hearing which was held on 22 June 2004. An Addendum to the SO of 25 February 2004 (hereinafter also referred to as ‘Addendum’) was adopted on 21 December 2004. A second oral hearing was thus held on 1 March 2005. 3. Parties 3.1. Processors’ side Deltafina is the Italian wholly owned subsidiary of Universal Corporation (‘Universal), the world biggest tobacco merchant. In 2001 (the last full year of the processors’ infringement), Deltafina bought some 25 % of Italian raw tobacco. Both Deltafina and Universal are addressees of the Decision Dimon and Transcatab were, at the time of the infringement, the Italian wholly owned subsidiaries of, respectively, Dimon Incorporated (Dimon Inc) and Standard Commercial Corpora- tion (‘SCC), i.e. the second and third biggest tobacco merchants.