Judgment of the General Court (Seventh Chamber) of 2 February 2012 — EI du Pont de Nemours and Others v Commission

(Case T-76/08)

‛Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation’

1. Competition — European Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment (Art. 81 EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 58-62)

2. Competition — Agreements, decisions and concerted practices — Proof — Evidence adduced by the Commission — Assessment (Art. 81(1) EC) (see para. 105)

3. Competition — Fines — Amount — Determination — Judicial review — Assessment of the duration of the infringement by progressive six-month thresholds — Period longer than that of the actual participation in the infringement — Lawfulness — Conditions (Council Regulation No 1/2003, Art. 23(2); Commission Notice 2006/C 210/02) (see paras 127-130)

4. Competition — Fines — Amount — Determination — Criteria — Reduction in the amount of the fine for cooperation of the undertaking concerned — Conditions — Discretion of the Commission (Commission Notice 2002/C 45/03) (see paras 138-145, 148)

Re:

APPLICATION for, first, annulment of Articles 1 and 2 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/38629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in so far as they refer to EI du Pont de Nemours and Company and, second, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part

The Court:

1. Dismisses the action;

2. Orders EI du Pont de Nemours and Company, DuPont Performance Elastomers LLC and DuPont Performance Elastomers SA to pay the costs.

Judgment of the General Court (Seventh Chamber) of 2 February 2012 — EI du Pont de Nemours and Others v Commission

(Case T-76/08)

‛Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation’

1. Competition — European Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment (Art. 81 EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 58-62)

2. Competition — Agreements, decisions and concerted practices — Proof — Evidence adduced by the Commission — Assessment (Art. 81(1) EC) (see para. 105)

3. Competition — Fines — Amount — Determination — Judicial review — Assessment of the duration of the infringement by progressive six-month thresholds — Period longer than that of the actual participation in the infringement — Lawfulness — Conditions (Council Regulation No 1/2003, Art. 23(2); Commission Notice 2006/C 210/02) (see paras 127-130)

4. Competition — Fines — Amount — Determination — Criteria — Reduction in the amount of the fine for cooperation of the undertaking concerned — Conditions — Discretion of the Commission (Commission Notice 2002/C 45/03) (see paras 138-145, 148)

Re:

APPLICATION for, first, annulment of Articles 1 and 2 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/38629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in so far as they refer to EI du Pont de Nemours and Company and, second, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part

The Court:

1. Dismisses the action;