1.4.2003 Official Journal of the European Union L 84/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 24 July 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP[E-3/36.700 — Industrial and medical gases) (notified under document number C(2002) 2782) (Only the English and Dutch texts are authentic) (2003/207EC) 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 Regulation (EC) No 12161999 (3), and in particular Articles 3 and 15(2) thereof, Having regard to the Commission Decision of 9 July 2001 to open 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 (3), Having regard to the final report of the hearing officer in this case (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: ) () OJ L 148, 15.6.1999, p. 5. () OJ L 354, 30.12.1998, p. 18. *) PART I — FACTS A. SUMMARY OF THE INFRINGEMENT 1. INTRODUCTION This decision concerns the following undertakings: — AGA AB, — Air Liquide BV, — Air Products Nederland BV, — BOC Group Plc., — Messer Nederland BV, — NV Hoek Loos, — Westfalen Gassen Nederland BV. The infringements consist of the participation of those producers of gases for industrial and medical purposes in a continuous agreement andfor concerted practice contrary to Article 81(1) of the Treaty. The companies concerned took part in agreements/concerted practices regarding price increases for the products concerned, moratoria to implement these price increases, minimum prices and various other trading conditions concerning these products. The undertakings involved belong to some of the world's leading industrial gases groups. The infringements are limited to the industrial and medical gases market in the Netherlands.