10.1.2003 Official Journal of the European Communities L 6/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 November 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP[E-1/37.512 — Vitamins) (notified under document number C(2001) 3695) (Only the English, French, German and Dutch texts are authentic) (Text with EEA relevance) (2003/2/EQ) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, 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 1216/1999 (3, and in particular Article 3 and Article 15(2) thereof, Having regard to the Commission decision of 6 July 2000 to initiate a proceeding in this case, Having given the undertakings 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 (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (?), Having regard to the final report of the Hearing Officer in this case, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: 1. FACTS 1.1. SUMMARY OF THE INFRINGEMENT This Decision imposing fines for infringements of Article 81(1) of the Treaty and Article 53 of the EEA Agreement is addressed to the following undertakings: — F. Hoffmann-La Roche AG (hereafter ‘Roche’), — BASF AG (hereafter ‘BASF), — Aventis SA (formerly Rhone-Poulenc) (hereafter ‘Aventis’), — Lonza AG (hereafter ‘Lonza’), — Solvay Pharmaceuticals BV (hereafter ‘Solvay’), — Merck KgaA (hereafter ‘Merck)), — Daiichi Pharmaceutical Co. Ltd (hereafter ‘Daiichi’), — Eisai Co. Ltd (hereafter ‘Eisai’), — Kongo Chemical Co. Ltd (hereafter ‘Kongo’), — Sumitomo Chemical Co. Ltd (hereafter ‘Sumitomo’), — Sumika Fine Chemicals Ltd (hereafter ‘Sumika’),