Judgment of the General Court of 23 January 2014 — Evonik Degussa and AlzChem v Commission

(Case T-391/09) (1)

(Competition - Cartels - Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - Imputability of the unlawful conduct - Fines - Cooperation during the administrative procedure - Aggravating circumstances - Repeated infringement - Mitigating circumstances - Proportionality - Duration of the infringement - Joint and several liability for payment of a fine - 2006 guidelines on the method of setting fines)

(2014/C 71/24)

Language of the case: German

Parties

Applicants: Evonik Degussa GmbH (Essen, Germany) and AlzChem AG, formerly AlzChem Trostberg GmbH, formerly AlzChem Hart GmbH (Trostberg, Germany) (represented by: C. Steinle, O. Andresen and I. Bodenstein, lawyers)

Defendant: European Commission (represented by: N. von Lingen and A. Antoniadis, acting as Agents, assisted by A. Böhlke, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries) in so far as it relates to the applicants or, in the alternative, an application for amendment of that decision seeking, first, annulment or reduction of the fine imposed on the applicants and, second, that that fine be imposed in its entirety on SKW Stahl Technik GmbH & Co. KG, jointly and severally with the applicants.

Operative part of the judgment

The Court:

1. Annuls Article 2(g) and (h) of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries) in so far as it relates to Evonik Degussa GmbH and AlzChem AG subject to the qualification that that annulment does not have a bearing on the discharging effect of any payment made by one or other of those two companies in connection with the fine imposed jointly and severally in respect of the finding of infringement in Article 1(f) of that decision against Stahl Technik GmbH & Co. KG and on the relief afforded to Stahl Technik GmbH & Co. KG and on the fine which was imposed on it under Article 2(g) of that decision;

2. In respect of the infringement findings in Article 1(f) of Decision C(2009) 5791 final against Evonik Degussa and AlzChem, the following fines shall be imposed: — on Evonik Degussa and AlzChem jointly and severally: EUR 2.49 million, subject to the qualification that Evonik Degussa et AlzChem will be deemed to have satisfied the payment of that fine up to the amount paid by SKW Stahl Technik in respect of the fine which was imposed on it under Article 2(g) of that decision; — on Evonik Degussa, exclusively liable for payment of that fine, EUR 1.24 million;

3. The action is dismissed as to the remainder;

4. Evonik Degussa and AlzChem shall bear two-thirds of their own costs and two-thirds of those of the European Commission. The Commission shall bear one-third of its own costs and one-third of those of Evonik Degussa and AlzChem.

(1) OJ C 297, 5.12.2009.