Case T-208/06: Judgment of the General Court of 30 November 2011 — Quinn Barlo and Others v European Commission (Competition — Agreements, decisions and concerted practices — Market for methacrylates — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Concept of single infringement — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances)
Date: 2011-11-30
Institutions: General Court
Subjects: competition, fine, infringement of EU law, mitigating circumstances, offence, plastics industry, price agreement








C_2012025EN.01004601.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/46






Judgment of the General Court of 30 November 2011 — Quinn Barlo and Others v European Commission
(Case T-208/06) (1)

(Competition - Agreements, decisions and concerted practices - Market for methacrylates - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Concept of single infringement - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances)
(2012/C 25/86)
Language of the case: English

Parties


Applicants: Quinn Barlo Ltd (Cavan, Ireland); Quinn Plastics NV (Geel, Belgium); and Quinn Plastics GmbH (Mayence, Germany) (represented by: W. Blau, F. Wijckmans and F. Tuytschaever, lawyers)

Defendant: European Commission (represented initially by V. Bottka and S. Noë, and subsequently by V. Bottka and N. Khan, acting as Agents)

Re:

Application for annulment of Articles 1 and 2 of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates) in so far as it relates to the applicants and, in the alternative, application for annulment of Article 2 of that decision in so far as it imposes a fine on the applicants or, in the further alternative, application for a reduction in that fine

Operative part of the judgment

The Court:






1.


Annuls Article 1 of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates), first, in so far as it finds that Quinn Barlo Ltd, Quinn Plastics NV and Quinn Plastics GmbH infringed Article 81 EC and Article 53 of the EEA Agreement (EEA) by participating in a complex of concerted agreements and practices, not only in respect of polymethyl-methacrylate solid sheet, but also polymethyl-methacrylate moulding compounds and polymethyl-methacrylate sanitary ware and, second, in so far as it holds those companies liable for their participation in the cartel from 1 November 1998 to 23 February 2000;










2.


Sets the amount of the fine for which Quinn Barlo, Quinn Plastics NV and Quinn Plastics GmbH are jointly and severally liable under Article 2 of Decision C(2006) 2098 final at EUR 8 250 000;










3.


Dismisses the action as to the remainder;










4.


Orders Quinn Barlo, Quinn Plastics NV and Quinn Plastics GmbH to bear 60 % of their own costs and to pay 60 % of the costs incurred by the European Commission;










5.


Orders the Commission to bear 40 % of its own costs and to pay 40 % of the costs incurred by Quinn Barlo, Quinn Plastics NV and Quinn Plastics GmbH.






(1)  OJ C 224, 16.9.2006.