CELEX: 62008TA0076
Language: en
Date: 2012-02-02 00:00:00
Title: Case T-76/08: Judgment of the General Court of 2 February 2012 — EI du Pont de Nemours and Others v Commission (Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation)

17.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/15
            
         Judgment of the General Court of 2 February 2012 — EI du Pont de Nemours and Others v Commission
   (Case T-76/08) (1)
   
   (Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Imputability of the unlawful conduct - Joint venture - Guidelines on the method of setting fines - Mitigating circumstances - Cooperation)
   2012/C 80/21
   Language of the case: English
   
      Parties
   
   
      Applicants: EI du Pont de Nemours and Company (Wilmington, Delaware, United States); DuPont Performance Elastomers LLC (Wilmington); and DuPont Performance Elastomers SA (Grand-Saconnex, Switzerland) (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)
   
      Defendant: European Commission (represented: initially by X. Lewis and V. Bottka, subsequently by V. Bottka and V. Di Bucci, and lastly by V. Bottka, S. Noë and A. Biolan, Agents)
   
      Re:
   
   APPLICATION for, first, annulment of Articles 1 and 2 of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in that they refer to EI du Pont de Nemours and Company and, second, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders EI du Pont de Nemours and Company, DuPont Performance Elastomers LLC and DuPont Performance Elastomers SA to pay the costs.
            
         
      (1)  OJ C 116, 9.5.2008.