CELEX: 62003TJ0071
Competition
Cartels
Specialty graphite market
Price fixing
Liability
Calculation of fines
Cumulation of penalties
Duty to state reasons
Rights of the defence
Guidelines on the method of setting fines
Applicability
Gravity and duration of the infringement
Attenuating circumstances
Aggravating circumstances
Ability to pay
Co-operation during the administrative procedure
Methods of payment

ACTIONS for the annulment in whole or in part of Commission Decision C(2002) 5083 final of 17 December 2002 relating to a
proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/E-2/37.667 – Speciality Graphite)
Operative part
The Court:
1.      In Case T-71/03
Tokai Carbon
v
Commission
:
–        dismisses the action;
–        orders the applicant to pay the costs.
2.      In Case T-74/03
Intech EDM BV
v
Commission
:
–        dismisses the action;
–        orders the applicant to pay the costs.
3.      In Case T-87/03
Intech EDM AG
v
Commission
:
–        sets the fine imposed on the applicant by Article 3 of Decision COMP/E-2/37.667 at EUR 420 000;
–        amends Article 3(h) of Decision COMP/E-2/37.667 so that the joint and several liability of Intech EDM AG is limited to EUR
420 000;
–        dismisses the remainder of the action;
–        orders the applicant to bear two thirds of its own costs and to pay two thirds of the costs incurred by the Commission, and
the Commission to bear one third of its own costs and to pay one third of the costs incurred by the applicant.
4.      In Case T-91/03
SGL Carbon
v
Commission
:
–        sets the fine imposed on the applicant by Article 3 of Decision COMP/E-2/37.667 at EUR 9 641 970 in respect of the infringement
committed in the isostatic graphite sector;
–        dismisses the remainder of the action
;
–        orders the applicant to bear two thirds of its own costs and to pay two thirds of the costs incurred by the Commission, and
the Commission to bear one third of its own costs and to pay one third of the costs incurred by the applicant.