2

The judgment under appeal contains the following findings: ‘1 By [the decision at issue], the [European] Commission … found that the applicant … and its subsidiary in which it holds almost 100% of the capital, Total France SA [(“Total France”)], had, with other undertakings, infringed Article 81(1) [EC] and Article 53(1) of the Agreement on the European Economic Area (EEA) [of 2 May 1992 (OJ 1994 L 1, p. 3)] by participating in a cartel concerning the EEA market for paraffin waxes and the German market for slack wax. 2 The addressees of the [decision at issue] are the following undertakings: …, as well as the applicant and its subsidiary ... 3 Paraffin waxes are manufactured in refineries from crude oil. They are used for the production of a variety of products such as candles, chemicals, tyres and automotive products as well as in the rubber, packaging, adhesive and chewing gum industries (recital 4 of the [decision at issue]). 4 Slack wax is the raw material required for the manufacture of paraffin waxes. It is produced in refineries as a by-product in the manufacture of base oils from crude oil. It is also sold to end-customers, to producers of particle boards for instance (recital 5 of the [decision at issue]). 5 The Commission began its investigation after [a company] informed it, by letter of 17 March 2005, of the existence of a cartel … (recital 72 of the [decision at issue]). 6 On 28 and 29 April 2005, the Commission carried out, pursuant to Article 20(4) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1), on-site inspections at the premises of … Total [France] (recital 75 of the [decision at issue]). 7 As far as Total France is concerned, the investigations were carried out on the basis of the Commission’s decision of 18 April 2005 ordering the applicant and all of the undertakings directly or indirectly controlled by it, including Total France, to submit to an inspection in accordance with Article 20(4) Regulation No 1/2003 ... 8 Notice of the [Commission’s] inspection decision [of 18 April 2005] was given to Total France on 28 April 2005. Notice was not given to the applicant. 9 Total France received requests for information from the Commission on 3 November 2005 and 27 November 2006 and responded to those requests on 23 December 2005 and 13 December 2006 respectively. On 30 January 2007, it received further questions from the Commission to which it responded on 4 April 2007. 10 On 29 May 2007, the Commission sent a statement of objections to [the addressees of the decision at issue] including the applicant and Total France (recital 85 of the [decision at issue]). 11 By letter of 13 August 2007, the applicant made observations in response to the statement of objections ... 12 On 10 and 11 December 2007, the Commission held a hearing in which the applicant took part. 13 After the hearing, the applicant received several requests for information from the Commission. The requests of 21 December 2007 and of 29 May 2008 concerned the applicant’s turnover and that of Total France, in particular for the paraffin wax and slack wax markets. The request of 4 April 2008 concerned the substance of the infringement committed by Total France. The applicant answered on 20 February, 8 April and 10 June 2008 respectively, whilst stating in each answer that it had no knowledge of the infringement which Total France was alleged to have committed. 14 According to the [decision at issue], employees of Total France had participated in the infringement throughout its duration. The Commission therefore held Total France directly liable for the cartel (recitals 555 and 556 of the [decision at issue]). The Commission stated that at least 98% of Total France’s capital was held by the applicant and that it could be presumed, on that basis, that the applicant exercised a decisive influence over the conduct of Total France, both companies being part of the same undertaking (recitals 557 to 559 of the [decision at issue]). In response to a written question of the [General] Court relating to the identity of the other shareholders of Total France, the applicant stated that it held the remaining capital indirectly. It was thus established in the course of that proceeding that Total France was a subsidiary wholly owned by the applicant during the period at issue. 15 The fines imposed in the present case have been calculated on the basis of the Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ 2006 C 210, p. 2) …, in force at the time the statement of objections was notified [to the addressees of the decision at issue].’