Division 2 Origin of the case and procedure

Having received certain information on the existence of sector-wide agreements setting price ranges for distinct qualities of one or more varieties of raw tobacco, on 15 January 2002 the Commission addressed requests for information to the processors’ and the producers’ trade associations (APTI and UNITAB respectively) which replied on 12 February 2002.

On 19 February 2002, the Commission received an application for leniency from Deltafina S.p.A. (‘Deltafina’, the leading Italian processor) under the terms of the then newly adopted Commission notice on immunity from fines and reduction of fines in cartel cases (the ‘Leniency Notice’). On 6 March 2002 the Commission granted Deltafina conditional immunity status in pursuance of point 15 of the Leniency Notice.

On 4 and 10 April 2002 the Commission received other two Leniency applications from Dimon S.r.l. (‘Dimon’) and Transcatab S.p.A. (‘Transcatab’) respectively.

On 18-19 April 2002, the Commission carried investigations at the premises of Dimon, Transcatab Trestina Azienda Tabacchi S.p.A. (‘Trestina’) and Romana Tabacchi s.r.l. (‘Romana Tabacchi’).

The Commission informed Dimon and Transcatab of its intention to apply reductions to them at the end of the procedure (within bands of 30 %-50 % and 20-30 % respectively) on 8 October 2002.

On 25 February 2004, the Commission initiated proceedings in this case and adopted a Statement of Objections (hereinafter ‘SO’) to which the addressees were given the opportunity to reply in writing and at the oral hearing which was held on 22 June 2004.

An Addendum to the SO of 25 February 2004 (hereinafter also referred to as ‘Addendum’) was adopted on 21 December 2004. A second oral hearing was thus held on 1 March 2005.