Judgment of the General Court (Sixth Chamber) of 27 September 2012 — Koninklijke Volker Wessels Stevin v Commission

(Case T-356/06)

‛Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Imputability of the unlawful conduct’

1. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Possibility of the Commission corroborating the presumption with facts to demonstrate the actual exercise of decisive influence — No obligation (Arts 81 EC and 82 EC) (see paras 29-34)

2. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Applicability in the event of indirect relationship between the parent company and its subsidiary (Arts 81 EC and 82 EC) (see para. 35)

3. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — No infringement of the principle of individual responsibility (Arts 81 EC and 82 EC) (see paras 37-38)

4. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Reversal of the burden of proof and infringement of the principle of the presumption of innocence — None (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 2) (see paras 40-42)

5. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Evidential obligations of the company seeking to rebut that presumption (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 2) (see paras 45-47)

6. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Control exercised by the parent company over its subsidiary — No need for a connection with the infringing conduct of the subsidiary (Arts 81 EC and 82 EC) (see para. 53)

Re:

APPLICATION for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part

The Court:

1. Dismisses the action;

2. Orders Koninklijke Volker Wessels Stevin NV to pay the costs.

Judgment of the General Court (Sixth Chamber) of 27 September 2012 — Koninklijke Volker Wessels Stevin v Commission

(Case T-356/06)

‛Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Imputability of the unlawful conduct’

1. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Possibility of the Commission corroborating the presumption with facts to demonstrate the actual exercise of decisive influence — No obligation (Arts 81 EC and 82 EC) (see paras 29-34)

2. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Applicability in the event of indirect relationship between the parent company and its subsidiary (Arts 81 EC and 82 EC) (see para. 35)

3. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — No infringement of the principle of individual responsibility (Arts 81 EC and 82 EC) (see paras 37-38)

4. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Reversal of the burden of proof and infringement of the principle of the presumption of innocence — None (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 2) (see paras 40-42)

5. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Evidential obligations of the company seeking to rebut that presumption (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 2) (see paras 45-47)

6. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Control exercised by the parent company over its subsidiary — No need for a connection with the infringing conduct of the subsidiary (Arts 81 EC and 82 EC) (see para. 53)

Re:

APPLICATION for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part

The Court:

1. Dismisses the action;