CELEX: 62008CJ0564
Appeal
Competition
Agreements, decisions and concerted practices
Article 81 EC and Article 53 of the EEA Agreement
Market for electrical and mechanical carbon and graphite products
Article 15(2) of Regulation No 17
Guidelines on the method of setting fines
Turnover and share of the relevant market
Value of ‘captive’ use
Principle of equal treatment
Principle of proportionality

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 8 October 2008 in Case T-68/04
SGL Carbon
v
Commission
, in which the Court of First Instance dismissed the application brought by the appellant for the annulment of Commission
Decision 2004/420/EC of 3 December 2003 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement concerning
an agreement in the market for electrical and mechanical carbon and graphite products or, in the alternative, an application
for the reduction of the fine imposed on the appellant – Failure to take into consideration, by classifying it as a new and
inadmissible complaint, the appellant’s argument concerning the taking into account of the value of the captive use in calculating
the turnover and market shares of the undertakings concerned – Breach of the principles of proportionality and equal treatment.
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders SGL Carbon AG to pay the costs.