15.1.2003 Official Journal of the European Communities L 10/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 December 2000 relating to a proceeding under Article 81 of the EC Treaty (COMP/33.133-B: Soda-ash — Solvay, CFK) (notified under document number C(2000) 3794) (Only the French text is authentic) (Text with EEA relevance) (2003/5/EQ) 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 thereof, Having regard to the Commission's Decision of 19 February 1990 to open a proceeding on its own initiative pursuant to Article 3 of Regulation No 17, Having given the undertaking concerned the opportunity to make known its views on the objections raised by the Commission, in accordance with 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 Regulation No 17 (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: () O] 13, 21.2.1962, p. 204/62. () OJ L 148,15.6.1999, p. 5. () 0] 127, 20.8.1963, p. 2268/63. PART 1 THE FACTS A. Summary of the infringement 1. Investigations The present Decision arises out of investigations carried out by the Commission in March 1989 pursuant to Article 14(3) of Regulation No 17 at the premises of Community producers of soda ash. By means of the said investigations and subsequent enquiries under Article 11 of Regulation No 17 the Commission discovered documentary evidence showing, inter alia that an infringement of Article 85 of the EEC Treaty (now Article 81 of the EC Treaty) had been committed by the following undertakings: — Solvay et Cie SA (now Solvay SA), Brussels (Solvay), — Chemische Fabrik Kalk, Cologne (CFK). 2. The infringement of Article 81 by Solvay and CFK From a date unknown in about 1987 to at least 1989 Solvay and CFK participated in an agreement and/or concerted practice contrary to Article 81 of the Treaty by which, for each of the years 1987, 1988 and 1989, Solvay guaranteed CFK a minimum sales tonnage calculated by reference to a formula based on CFK's