# C_2014292EN.01002401.xml

| 1.9.2014 | EN | Official Journal of the European Union | C 292/24 |
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1.9.2014

EN

Official Journal of the European Union

C 292/24

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Judgment of the General Court of 11 July 2014 — Sasol and Others v Commission

(Case T-541/08) (1)

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((Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - Liability of a parent company for the infringements of the competition rules committed by its subsidiaries and by a joint venture owned in part by it - Decisive influence exercised by the parent company - Presumption where the parent company holds 100 % of the shares - Succession of undertakings - Proportionality - Equal treatment - 2006 Guidelines on the method of setting fines - Aggravating circumstances - Role of leader - Setting a limit on the fine - Unlimited jurisdiction))

2014/C 292/29

Language of the case: English

Parties

Parties

Applicants: Sasol (Rosebank, South Africa); Sasol Holding in Germany GmbH (Hamburg, Germany); Sasol Wax International AG (Hamburg); and Sasol Wax GmbH (Hamburg) (represented by: W. Bosch, U. Denzel, C. von Köckritz, lawyers)

Applicants:

Defendant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, Agents, and by M. Gray, Barrister)

Defendant:

Re:

Re:

Application, primarily, for annulment in part of the Commission’s decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes) and, in the alternative, for annulment or reduction of the fine imposed on the applicants.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 1 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) in so far as the European Commission found therein that Sasol Holding in Germany GmbH and Sasol had participated in the infringement before 1 July 2002; |
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1.

Annuls Article 1 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) in so far as the European Commission found therein that Sasol Holding in Germany GmbH and Sasol had participated in the infringement before 1 July 2002;

| 2. | Reduces the amount of the fine imposed on Sasol Wax GmbH to the sum of EUR 14 9 9 82  197 for the payment of which, first, Sasol Wax International AG shall be jointly and severally liable to the extent of EUR 11 9 1 22  197 and, secondly, Sasol and Sasol Holding in Germany shall be jointly and severally liable to the extent of EUR 7 1 0 42  197; |
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2.

Reduces the amount of the fine imposed on Sasol Wax GmbH to the sum of EUR 14 9 9 82  197 for the payment of which, first, Sasol Wax International AG shall be jointly and severally liable to the extent of EUR 11 9 1 22  197 and, secondly, Sasol and Sasol Holding in Germany shall be jointly and severally liable to the extent of EUR 7 1 0 42  197;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders the Commission to bear its own costs and to pay two thirds of the costs incurred by Sasol, Sasol Holding in Germany, Sasol Wax International and Sasol Wax; |
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4.

Orders the Commission to bear its own costs and to pay two thirds of the costs incurred by Sasol, Sasol Holding in Germany, Sasol Wax International and Sasol Wax;

| 5. | Orders Sasol, Sasol Holding in Germany, Sasol Wax International and Sasol Wax to bear one third of their own costs. |
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5.

Orders Sasol, Sasol Holding in Germany, Sasol Wax International and Sasol Wax to bear one third of their own costs.

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(1)  OJ C 44, 21.2.2009.

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