L 35312 Official Journal of the European Union 13.12.2006 COMMISSION DECISION of 19 January 2005 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement against Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Chemicals BV, Akzo Nobel Functional Chemicals BV, Akzo Nobel Base Chemicals AB, Eka Chemicals AB, and Akzo Nobel AB, jointly and severally, Clariant AG and Clariant GmbH jointly and severally, EIf Aquitaine SA and Arkema SA, jointly and severally, and Hoechst AG (Case No C.37.773 — MCAA) (notified under document number C(2004) 4876) (Only the English, French and German texts are authentic) (Text with EEA relevance) (2006/897 [EC) On 19 January 2005, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/ 2003 (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, while having regard to the legitimate interest of undertakings in the protection of their business interests. 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’s website at the following address: http://europa.eu.int/comm/ ©) () competition. L SUMMARY OF THE INFRINGEMENT Introduction The Decision is addressed to Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Chemicals BV, Akzo Nobel manufacture of detergents, adhesives, textile auxiliaries and thickeners used in food, pharmaceuticals and cos- metics. Functional Chemicals BV, Akzo Nobel Base Chemicals AB, (6) The geographic market was considered to be the EEA. The Eka Chemicals AB, and Akzo Nobel AB (hereinafter ‘Akzo’), value of this market was approximately EUR 121 million in jointly and severally, Clariant AG and Clariant GmbH 1998, the last full year of the infringement. During the (hereinafter ‘Clariant’) jointly and severally, Elf Aquitaine SA period of investigation, almost every part of the common (hereinafter ‘Elf Aquitaine’) and Arkema SA (hereinafter market and the EEA was under the influence of the cartel. ‘Arkema’, formerly known as Atofina SA), jointly and severally, and Hoechst AG (hereinafter ‘Hoechst)). Reference in this summary will be made mostly to Atofina Description of the cartel SA (or ‘Atofina’) and not to Arkema, even though it is the add.ressee of thi.S Decision, as Atofina was the name in use (7) In terms of the organisation of the cartel, contacts between during the administrative procedure. the major producers of MCAA can be traced back to the late 1970s and early 1980s and at this stage were largely The addressees participated in a single and continuous bilateral and related to the exchange of customer and infringement of Article 81 of the Treaty establishing the pricing information. European Community (hereinafter ‘the EC Treaty’ or ‘the Treaty’) and, from 1 January 1994, Article 53(1) of the Agreement on the European Economic Area (hereinafter ‘EEA Agreement’), covering the whole of the EEA territory. (8) By the carly to mid 1980s multilateral meetings began to be organised and arrangements became more solidified with The Commission initiated an investigation into the EEA- the aim of maintaining their respective market shares. The wide MCAA industry after it received a leniency application E?\mapg nts at tllus ;fag; Werse AHoechsti(Akzo and ﬁtichem in December 1999 from Clariant. The investigation revealed 1 .(su geque(rilt y I t9 mna ,fnoW novilln a; r ehma? ) that the cartel lasted from at least 1 January 1984 to 7 May Clariant joined only in 1997 after it purchased Hoechst's 1999. MCAA business. The market for mcaa (9) At this time the participants would meet 2-4 times a year Monochloroacetic acid (or ‘MCAA’) is a reactive organic acid which is a chemical intermediate used in the OJ L 1, 41.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (O] L 68, 6.3.2004, p. 1). on a multilateral basis with meetings organised on a rotating basis in the respective countries of the under- takings involved. Bilateral contacts were maintained and the participants also met during special meetings and social occasions.