19. 9. 94 Official Journal of the European Communities No L 243/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 July 1994 relating to a proceeding under Article 85 of the EC Treaty (IV/C/33.833 — Cartonboard) (Only the Dutch, English, French, German, Italian and Spanish texts are authentic) (94/601/EC) 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 the Act of Accession of Spain and Portugal, Having regard to the Commission decision of 21 December 1992 to open a proceeding on its own initiative, ' Having given the parties 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 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: (') OJ No 13, 21. 2. 1962, p. 204/62. (%) OJ No 127, 20. 8. 1963, p. 2268/63. 1 PART I THE FACTS A. SUMMARY OF THE INFRINGEMENT This Decision imposing fines for an infringement of Article 85 arises out of investigations carried out by the Commission in April 1991. Acting under Article 14 (3) of Regulation No 17, Commission officials visited the premises of a series of producers of cartonboard or their subsidiaries and selling agents in the Community. 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 85 had been committed by the following undertakings: — Buchmann GmbH, — Cascades SA, — Enso-Gutzeit Oy, — Europa Carton AG, — Finnboard — the Association, — Fiskeby Board AB, — Gruber & Weber GmbH & Co KG, — Kartonfabriek ‘De Eendracht’ NV (trading‘as 'BPB de Eendracht’), Finnish Board Mills