6.6.2003 Official Journal of the European Union L 140/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 December 1999 relating to a proceeding under Article 81 of the EC Treaty (Case IV[E-1/35.860-B seamless steel tubes) (notified under document number C(1999) 4154) (Only the English, French, German and Italian versions are authentic) (Text with EEA relevance) (2003/382[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17, first Regulation implementing Articles 85 and 86 of the Treaty of 6 February 1962 (1), as last amended by Regulation (EC) No 1/2003 (3), and in particular Articles 3 and 15 thereof, Having regard to the Commission Decision of 20 January 1999 to initiate proceedings in this case, Having given the firms concerned the opportunity to make known their views on the objections raised by the Commission, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: 1. THE FACTS A. Procedure (), On 1 and 2 December 1994, acting under a Commission decision of 25 November 1994, () 0] 13, 21.2.1962, p. 204/62. () OJ L 11, 4.1.2003, p. 1. Commission officials and representatives of the competition authorities of the Member States concerned carried out investigations under Article 14(3) of Regulation No 17 at a number of undertakings, including British Steel plc, Mannesmannrohren-Werke AG and Vallourec SA, to which this decision is addressed. It was the Commission’s intention to examine the existence of a possible infringement of Article 85 of the EC Treaty (now Article 81 EC). The investigations were carried out simultaneously, together with officials from the EFTA Surveillance Authority (ESA), following a request pursuant to Article 8(3) of Protocol 23 to the Agreement on the European Economic Area (EEA Agreement) to investigate a possible infringement of Article 53 of that Agreement. By decision of 6 December 1995, the ESA, pursuant to Article 10(3) of Protocol 23 to the EEA Agreement, forwarded its dossier to the Commission, since it considered that the documents collected during the investigations showed that intra-Community trade was being affected. Further investigations in accordance with Article 14(2) of Regulation No 17 were carried out between September 1996 and December 1997 at Vallourec SA, Dalmine SpA and Mannesmannrohren-Werke AG. Subsequently, requests for information under Article 11 of Regulation No 17 were sent to all the undertakings to which this Decision is addressed. When Dalmine SpA, Siderca SAIC and Groupe Techint refused to supply some of the information requested, a