Judgment of the Court (Ninth Chamber) of 26 September 2013 — EI du Pont de Nemours v Commission

(Case C‑172/12 P)

‛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 — Joint and several liability — Limitation period — Legitimate interest’

1. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption that a parent company exerts a decisive influence over its wholly-owned subsidiaries — Possibility of the Commission corroborating the presumption with facts to demonstrate the actual exercise of decisive influence — Joint undertaking held by two parent companies (Art. 101 TFEU) (see paras 41-53)

2. Appeals — Grounds — Interpretation or application of EU law by the General Court challenged, repeating the pleas and arguments presented before that court — Admissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 58, 64)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 2 February 2012 in Case T‑76/08 EI du Pont de Nemours and Others v 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 in 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:

The Court:

1. Dismisses the appeal;

2. Orders EI du Pont de Nemours and Company to pay the costs.

Judgment of the Court (Ninth Chamber) of 26 September 2013 — EI du Pont de Nemours v Commission

(Case C‑172/12 P)

‛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 — Joint and several liability — Limitation period — Legitimate interest’

1. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption that a parent company exerts a decisive influence over its wholly-owned subsidiaries — Possibility of the Commission corroborating the presumption with facts to demonstrate the actual exercise of decisive influence — Joint undertaking held by two parent companies (Art. 101 TFEU) (see paras 41-53)

2. Appeals — Grounds — Interpretation or application of EU law by the General Court challenged, repeating the pleas and arguments presented before that court — Admissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 58, 64)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 2 February 2012 in Case T‑76/08 EI du Pont de Nemours and Others v 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 in 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:

The Court:

1. Dismisses the appeal;