CELEX: 62009TA0410
Language: en
Date: 2012-12-12 00:00:00
Title: Case T-410/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — Almamet v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Commission’s powers in inspections — Single and continuous infringement — Fines — Cooperation during the administrative procedure — Proportionality — 2006 Guidelines on the method of setting fines)

2.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/17
            
         Judgment of the General Court (Third Chamber) of 12 December 2012 — Almamet v Commission
   (Case T-410/09) (1)
   
   (Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Commission’s powers in inspections - Single and continuous infringement - Fines - Cooperation during the administrative procedure - Proportionality - 2006 Guidelines on the method of setting fines)
   2013/C 32/25
   Language of the case: English
   
      Parties
   
   
      Applicant: Almamet GmbH Handel mit Spänen und Pulvern aus Metall (Ainring, Germany) (represented by: S. Hautbourg and C. Renner, lawyers)
   
      Defendant: European Commission (represented by: N. Khan, V. Bottka and N. von Lingen, acting as Agents)
   
      Re:
   
   Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant by that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Almamet GmbH Handel mit Spänen und Pulvern aus Metall to bear its own costs and to pay those incurred by the European Commission.
            
         
      (1)  OJ C 312, 19.12.2009.