L 10/10 Official Journal of the European Communities 15.1.2003 COMMISSION DECISION of 13 December 2000 relating to a proceeding pursuant to Article 82 of the EC Treaty (COMP/33.133-C: Soda ash — Solvay) (notified under document number C(2000) 3795) (Only the French text is authentic) (Text with EEA relevance) (2003/6/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, relating to a proceeding pursuant to Article 82 of the EC Treaty Having regard to Council Regulation No 17 of 6 February 1962, the 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 Decision of 19 February 1990 to open a proceeding on its own initiative pursuant to Atrticle 3 of Regulation No 17, Having given the undertaking concerned the opportunity to make known its 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 (3), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: PART I THE FACTS A. SUMMARY OF THE INFRINGEMENT 1. THE INVESTIGATIONS (1) The present Decision arises out of investigations carried out by the Commission in March 1989 pursuant to () OJ 13, 21.2.1962, p. 204/62. () OJ L 148, 15.6.1999, p. 5. () O] 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 Solvay et Cie SA (now Solvay SA), Brussels (Solvay). 2. THE INFRINGEMENT OF ARTICLE 82 BY SOLVAY From about 1983 until around the end of 1990 Solvay abused the dominant position which it held in the market for soda ash in the Community (excluding the United Kingdom and Ireland) by applying to its major customers a system of loyalty rebates and discounts by reference to marginal tonnage, contractual arrangements tending to ensure an effective exclusivity of supply for Solvay and other devices which had the object and effect of tying the said customers to Solvay 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