Judgment — ECLI:EU:C:2013:605
Date: 2013-09-26
Language of the case: English
Court formation: Ninth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal against penalty

Judgment of the Court (Ninth Chamber) of 26 September 2013 – The Dow Chemical Company v European Commission (Case C-179/12 P) 1 (Appeal – Competition – Agreements, decisions and concerted practices – Market for chloroprene rubber – Price-fixing and market-sharing – Infringement of Article 81 EC – Imputability of the unlawful conduct of a subsidiary to its parent company – Joint control by two parent companies – Decisive influence – Rights of defence – Increase in the fine – Deterrent effect) Language of the case: English Parties Appellant: The Dow Chemical Company (represented by: D. Schroeder, Rechtsanwalt) Other party to the proceedings: European Commission (represented by: P. Van Nuffel, V. Bottka and L. Malferrari, acting as Agents) Re: Appeal against the judgment of the General Court (Seventh Chamber) of 2 February 2012 in Case T-77/08 The Dow Chemical Company v European Commission in which that Court dismissed an action for the partial annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.629 – Chloroprene Rubber) concerning a cartel on the market for chloroprene rubber in the European Economic Area (EEA), relating to market-sharing and price-fixing, and, in the alternative, a reduction in the amount of the fine imposed on the applicant – Joint venture - Imputability of the unlawful conduct Operative part of the judgment The Court: 1. Dismisses the appeal; 2. Orders The Dow Chemical Company to pay the costs. ____________ ____________ 1 OJ C 184, 23.6.2012.