CELEX: 62014CA0155
Language: en
Date: 2016-06-16 00:00:00
Title: Case C-155/14 P: Judgment of the Court (Fifth Chamber) of 16 June 2016 — Evonik Degussa GmbH, AlzChem AG, formerly AlzChem Trostberg GmbH v European Commission (Appeal — Competition — Article 81 EC — Agreements, decisions and concerted practices — Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area — Price fixing, market sharing and exchange of information — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company over its subsidiary — Rebuttable presumption in the case of a 100 % shareholding — Condition for the rebuttal of that presumption — Disregard of an express instruction)

22.8.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/3
            
         Judgment of the Court (Fifth Chamber) of 16 June 2016 — Evonik Degussa GmbH, AlzChem AG, formerly AlzChem Trostberg GmbH v European Commission
   (Case C-155/14 P) (1)
   
   ((Appeal - Competition - Article 81 EC - Agreements, decisions and concerted practices - Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area - Price fixing, market sharing and exchange of information - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company over its subsidiary - Rebuttable presumption in the case of a 100 % shareholding - Condition for the rebuttal of that presumption - Disregard of an express instruction))
   (2016/C 305/03)
   Language of the case: German
   
      Parties
   
   
      Appellants: Evonik Degussa GmbH, AlzChem AG, formerly AlzChem Trostberg GmbH (represented by: C. Steinle and I. Bodenstein, Rechtsanwälte)
   
      Other party to the proceedings: European Commission (represented by: G. Meessen and R. Sauer, acting as Agents, and A. Böhlke, Rechtsanwalt)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Evonik Degussa GmbH and AlzChem AG to bear their own costs and pay those of the European Commission.
            
         
      (1)  OJ C 184, 16.6.2014.