Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008. General Química, SA, Repsol Química, SA and Repsol YPF, SA v Commission of the European Communities. Competition - Agreements, decisions and concerted practices - Sector of chemical products for the treatment of rubber - Decision finding an infringement of Article 81 EC - Exchange of confidential information and price-fixing - Attribution to the parent company - Joint and several liability - Fines - Cooperation notice. Case T-85/06.

Judgment // 18/12/2008 // 2 min read
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Keywords Subject of the case Operative part

Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Single economic entity – Criteria for assessment (Arts 81 EC and 82 EC) (see paras 58-59, 61-62, 82)

  1. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Horizontal cartel concerning prices (Council Regulation No 17, Art. 15(2); Commission Notice No 98/C 9/03, point 1 A) (see paras 102-107)

  2. Competition – Fines – Amount – Determination – Criteria – Need to differentiate between the undertakings involved in the same infringement by reference to their overall turnover – None (Council Regulation No 1/2003, Art. 23(2); Commission Notice No 98/C 9/03, point 1 A, sixth para.) (see paras 110-112)

  3. Competition – Fines – Amount – Determination – Turnover to be taken into account in calculating the fine (Council Regulation No 1/2003, Art. 23(2); Commission Notice No 98/C 9/03, point 1 A, sixth para.) (see para. 113)

  4. Competition – Fines – Assessment by reference to the individual conduct of the undertaking – Irrelevant that another operator not penalised – (Council Regulation No 1/2003, Arts 7 and 23) (see paras 117-118)

  5. Competition – Fines – Amount – Determination – Criteria – Assessment of the degree of cooperation provided by each of the undertakings during the administrative procedure (Council Regulation No 1/2003, Art. 23(2); Commission Notice No 2002/C 45/03, title B) (see paras 146-147, 150, 154‑155)

Re:

APPLICATION for partial annulment of Commission Decision 2006/902/EC of 21 December 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement against Flexsys NV, Bayer AG, Crompton Manufacturing Company Inc. (former Uniroyal Chemical Company Inc.), Crompton Europe Ltd, Chemtura Corporation (former Crompton Corporation), General Química SA, Repsol Química SA and Repsol YPF SA (Case No COMP/F/C.38.443 — Rubber chemicals) (OJ 2006 L 353, p. 50), and, alternatively, the reduction of the fine imposed on the applicants.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders General Química, SA, Repsol Química, SA and Repsol YPF, SA to bear their own costs and pay the Commission’s costs.

Competition