CELEX: 62008TJ0349
Language: en
Date: 2011-10-25 00:00:00
Title: Judgment of the General Court (Second Chamber) of 25 October 2011. # Uralita, SA v European Commission. # Competition - Agreements, decisions and concerted practices - Sodium chlorate market - Decision finding an infringement of Article 81 EC - Action for annulment - Imputability of unlawful conduct. # Case T-349/08.

Judgment of the General Court (Second Chamber) of 25 October 2011 – Uralita v Commission
      (Case T-349/08)
      Competition – Agreements, decisions and concerted practices – Sodium chlorate market – Decision finding an infringement of Article 81 EC – Action for annulment – Imputability of unlawful conduct
      1.                     Competition – Community 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 (Arts 81
            EC and 82 EC; EEA Agreement, Art. 53(1)) (see paras 38-42)
      2.                     Competition – Community rules – Infringements – Attribution – Legal person responsible for the running of the undertaking
            at the time of the infringement – Disappearance – Disappearance through absorption by another undertaking – Absorbed company being a former parent company having had liability
            for its own conduct attributed to it – Attribution of liability to the acquirer – Lawfulness (Art. 81(1) EC) (see paras 55-62)
      Re:
      
         
               APPLICATION for the partial annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under
                  Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 – Sodium chlorate) in so far as it concerns Uralita,
                  SA.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Uralita, SA to pay the costs.