Judgment of the Court of First Instance of 9 July 2003 in Case T-224/00: Archer Daniels Midland Company and Archer Daniels Midland Ingredients Ltd v Commission of the European Communities (Competition — Cartel — Lysine — Guidelines on the method of setting fines — Applicability — Gravity and duration of the infringement — Turnover — Aggravating circumstances — Mitigating circumstances — Cooperation during the administrative procedure — Concurrent sanctions)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: action for annulment (EU), economic sanctions, infringement of EU law, inter-company agreement, merger control, organic acid, restriction on competition

C 213/28

EN

Official Journal of the European Union

6.9.2003

First Instance (Fourth Chamber), composed of: M. Vilaras,
President, V. Tiili and P. Mengozzi, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on, in
which it:

1.

Sets the amount of the fine imposed on Archer Daniels Midland
Company and Archer Daniels Midland Ingredients Ltd jointly
and severally at EUR 43 875 000;

1. Dismisses the action;

2. Orders Kyowa Hakko Kogyo Co. Ltd and Kyowa Hakko Europe
GmbH to bear their own costs and, jointly and severally, to pay
those incurred by the Commission.

3. Orders Archer Daniels Midland Company and Archer Daniels
Midland Ingredients Ltd to bear their own costs and to pay
three quarters of
costs and orders the
Commission to bear one quarter of its own costs.

the Commission’s

2. Dismisses the remainder of the application;

( 1) OJ C 316 of 04.11.2000.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-224/00: Archer Daniels Midland Company and
Archer Daniels Midland Ingredients Ltd v Commission of
the European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Aggravating
circumstances — Mitigating circumstances — Cooperation
during the administrative procedure — Concurrent sanc-
tions)

(2003/C 213/53)

(Language of the case: English)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-230/00: Daesang Corp. and Sewon Europe
GmbH v Commission of the European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Turnover — Mitigating circum-
stances — Cooperation during the administrative procedure)

(2003/C 213/54)

(Language of the case: English)

In Case T-224/00, Archer Daniels Midland Company, estab-
lished in Decatur, Illinois (United States of America), Archer
Daniels Midland Ingredients Ltd, established in Erith (United
Kingdom), represented by L. Martin Alegi and E.W. Batchelor,
solicitors, with an address for service in Luxembourg, v
Commission of the European Communities (Agents: W. Wils,
R. Lyal and J. Flynn): Application for partial annulment of
Commission Decision 2001/418/EC of 7 June 2000 relating
to a proceeding pursuant to Article 81 of the EC Treaty and
Article 53 of the EEA Agreement (Case COMP/36.545/F3 —
Amino Acids) (OJ 2001 L 152, p. 24) or a reduction in the
fine imposed on the applicants, and counterclaim by the
Commission for an increase in the amount of that fine, the
Court of First
Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment
on 9 July 2003, in which it:

In Case T-230/00, Daesang Corp., established in Seoul (South
Korea), Sewon Europe GmbH, established in Eschborn
(Germany), represented by J.-F. Bellis and S. Reinart, lawyers,
and A. Kmiecik, solicitor, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: W. Wils, R. Lyal and J. Flynn): Application for a
reduction in the fine imposed on the applicants by Commission
Decision 2001/418/EC of 7 June 2000 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ
2001 L 152, p. 24), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 9 July 2003, in which it:

1.

Sets the amount of the fine imposed on Daesang Corp. and
Sewon Europe GmbH jointly and severally at EUR 7 128 240;