Case T-15-02: Judgment of the Court of First Instance (First Chamber) of  15 March 2006  — BASF AG v Commission (Competition — Cartels in the vitamin products sector — Rights of the defence — Guidelines on the method of setting fines — Determination of the starting amount of the fine — Deterrent effect — Aggravating circumstances — Role of leader or instigator — Cooperation during the administrative procedure — Professional secrecy and principle of sound administration)
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, fine, pharmaceutical industry, restrictive trade practice, vitamin

C 108/16

EN

Official Journal of the European Union

6.5.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance (First Chamber) of
15 March 2006 — BASF AG v Commission

(Case T-15-02) (1)

3) Orders the applicant to bear four fifths of its own costs and four
fifths of the costs incurred by the Commission and the Commis-
sion to bear one fifth of its own costs and to pay one fifth of the
costs incurred by the applicant.

(Competition — Cartels in the vitamin products sector —
Rights of the defence — Guidelines on the method of setting
fines — Determination of the starting amount of the fine —
Deterrent effect — Aggravating circumstances — Role of
leader or instigator — Cooperation during the administrative
procedure — Professional secrecy and principle of sound
administration)

(1) OJ C 109, 4.5.2002

(2006/C 108/25)

Language of the case: English

Parties

Applicant(s): BASF AG (Ludwigshafen, Germany)
(represented
by: N. Levy, J. Temple-Lang, Solicitor, R. O'Donoghue, Barrister
and C. Federsen, Solicitor)

Defendant(s): Commission of the European Communities (repre-
sented by: R. Wainwright and L. Pignataro-Nolin, Agents)

Application for

reduction of

APPLICATION for annulment or
the fines
imposed on the applicant by Article 3(b) of Commission Deci-
sion 2003/2/EC of 21 November 2001 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement
(OJ
2003 L 6, p. 1),

(Case COMP/E-1/37.512 — Vitamins)

Operative part of the judgment

1) Sets the amount of the fines imposed on the applicant in respect
of the infringements relating to vitamins C and D3, beta-carotene
and carotinoids by Article 3(b) of Commission Decision
2003/2/EC of 21 November 2001 relating to a proceeding
under Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case COMP/E-1/37.512 — Vitamins) as follows:

— infringement relating to vitamin C: EUR 10,875 million;

— infringement relating to vitamin D3: EUR 5,6 million;

— infringement relating to beta-carotene: EUR 16 million;

— infringement relating to carotinoids: EUR 15,5 million;

2) Dismisses the remainder of the application;

Judgment of the Court of First Instance (Fourth Chamber)
of 15 March 2006 — Daiichi Pharmaceutical v Commis-
sion

(Case T-26/02) (1)

(Competition — Cartels in the vitamin products sector —
Guidelines on the method of setting fines — Determination
of the starting amount of the fine — Attenuating circum-
stances — Leniency Notice)

(2006/C 108/26)

Language of the case: English

Parties

Applicant: Daiichi Pharmaceutical Co. Ltd (Tokyo, Japan) (repre-
sented by: J.Buhart and P.-M.Louis, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: R.Wainwright and L.Pignataro-Nolin, agents)

Re:

APPLICATION for annulment or reduction of the fine imposed
on the applicant by Article 3(f) of Commission Decision
2003/2/EC of 21 November 2001 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
(OJ
EEA Agreement
2003 L 6, p. 1),

(Case COMP/E-1/37.512 — Vitamins)

Operative part of the judgment

The Court:

1) Reduces to EUR 18 000 000 the fine imposed on the applicant
by Article 3(f) of Commission Decision 2003/2/EC of 21
November 2001 relating to a proceeding pursuant to Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Case
COMP/E-1/37.512 — Vitamins);