CELEX: 62008TA0083
Language: en
Date: 2012-02-02 00:00:00
Title: Case T-83/08: Judgment of the General Court of 2 February 2012 — Denki Kagaku Kogyo and Denka Chemicals 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 — Proof of participation in the cartel — Proof of having distanced oneself from the cartel — Duration of the infringement — Rights of the defence — Access to the file — Guidelines on the method of setting — Non-retroactivity — Legitimate expectation — Principle of proportionality — Mitigating circumstances)

17.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/16
            
         Judgment of the General Court of 2 February 2012 — Denki Kagaku Kogyo and Denka Chemicals v Commission
   (Case T-83/08) (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 - Proof of participation in the cartel - Proof of having distanced oneself from the cartel - Duration of the infringement - Rights of the defence - Access to the file - Guidelines on the method of setting - Non-retroactivity - Legitimate expectation - Principle of proportionality - Mitigating circumstances)
   2012/C 80/23
   Language of the case: English
   
      Parties
   
   
      Applicants: Denki Kagaku Kogyo Kabushiki Kaisha (Tokyo, Japan); and Denka Chemicals GmbH (Düsseldorf, Germany) (represented: initially by G. van Gerven, T. Franchoo and D. Fessenko, and subsequently by T. Franchoo, B. Bär-Bouyssière and A. de Beaugrenier, lawyers)
   
      Defendant: European Commission (represented by: S. Noë and V. Bottka, Agents)
   
      Re:
   
   APPLICATION for, principally, annulment 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), in that it concerns the applicants and, in the alternative, 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 Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs.
            
         
      (1)  OJ C 107, 26.4.2008.