CELEX: 62006TJ0216
Language: en
Date: 2011-09-15 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 15 September 2011.#Lucite International Ltd and Lucite International UK Ltd 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 - Fines - Gravity of the infringement - Attenuating circumstances - Non-implementation in practice of the offending agreements or practices.#Case T-216/06.

Judgment of the General Court (Fourth Chamber) of 15 September 2011 – Lucite International and Lucite International UK v Commission
      (Case T-216/06)
      Competition – Agreements, decisions and concerted practices – Market for methacrylates – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Fines – Gravity of the infringement – Attenuating circumstances – Non-implementation in practice of the offending agreements or practices
      1.                     Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Gravity of the participation of each
            undertaking – Distinction (Council Regulation No1/2003, Art. 23; Commission Notice 98/C 9/03, Sections 1A, 2 and 3) (see paras
            45-47, 52-53, 55)
      2.                     Competition – Fines – Amount – Determination – Principle of equal treatment (Council Regulation No 1/2003, Art. 23; Commission
            Notice 98/C 9/03) (see para. 59)
      3.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines – Indication of the factors
            which led the Commission to assess the gravity and the duration of the infringement – Sufficient indication (Art. 253 EC;
            Commission Notice 98/C 9/03) (see para. 61)
      4.                     Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Principle that penalties fit the individual
            circumstances – Application to the taking into account of aggravating or attenuating circumstances (Council Regulation No
            1/2003, Art. 23; Commission Notice 98/C 9/03, Sections 2 and 3) (see paras 87-89)
      5.                     Competition – Fines – Amount – Determination – Guidelines adopted by the Commission – Obligation on the Commission to comply
            therewith – Maintenance of a significant margin of discretion for the Commission (Council Regulation No 1/2003; Commission
            Notice 98/C 9/03) (see paras 90-93)
      6.                     Competition – Community rules – Infringements – Fines – Infringement committed intentionally or negligently – Imputability
            to an undertaking of the conduct of its organs – Conditions (Council Regulation No 1/2003, Art. 23(2)) (see para. 95)
      7.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules – Obligation to
            examine all the points of fact and law raised by the persons concerned – None (Art. 253 EC) (see para. 103)
      8.                     Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances – Conduct deviating from that agreed within
            the cartel – Guidelines adopted by the Commission requiring it to be taken into account (Council Regulation No 1/2003, Art.
            23(2); Commission Notice 98/C 9/03, Section 3, second indent) (see para. 109)
      9.                     Competition – Fines – Amount – Determination – Legal context – Guidelines adopted by the Commission – Discretion of the Commission
            – Judicial review – Unlimited jurisdiction of the General Court (Art. 261 TFEU, Council Regulation No 1/2003, Art. 31) (see
            para. 120)
      10.                     Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances – Elements to be taken into consideration
            (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03, Section 3) (see para. 171)
      Re: 
      
         
               APPLICATION for a reduction in the fine imposed on the applicants under Article 2(d) 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).
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the Commission’s request for withdrawal of immunity;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Lucite International Ltd and Lucite International UK Ltd to bear 90% of their own costs and to pay 90% of the costs
                     incurred by the Commission;
                  
               
            
         
                  4.
               
               
                  
               
               
                  	Orders the Commission to bear 10% of its own costs and to pay 10% of the costs incurred by Lucite International and Lucite
                     International UK.