CELEX: 62012CA0172
Language: en
Date: 2013-09-26 00:00:00
Title: Case C-172/12 P: Judgment of the Court (Ninth Chamber) of 26 September 2013 — EI du Pont de Nemours and Company v European Commission, DuPont Performance Elastomers LLC, DuPont Performance Elastomers SA (Appeal — Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Price-fixing and market-sharing — Infringement of Article 81 EC — Imputability of the unlawful conduct of a subsidiary to its parent company — Joint control by two parent companies — Decisive influence — Joint and several liability — Limitation period — Legitimate interest)

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/27
            
         Judgment of the Court (Ninth Chamber) of 26 September 2013 — EI du Pont de Nemours and Company v European Commission, DuPont Performance Elastomers LLC, DuPont Performance Elastomers SA
   (Case C-172/12 P) (1)
   
   (Appeal - Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Price-fixing and market-sharing - Infringement of Article 81 EC - Imputability of the unlawful conduct of a subsidiary to its parent company - Joint control by two parent companies - Decisive influence - Joint and several liability - Limitation period - Legitimate interest)
   2013/C 344/46
   Language of the case: English
   
      Parties
   
   
      Appellants: EI du Pont de Nemours and Company (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)
   
      Other parties to the proceedings: European Commission (represented by: V. Bottka and A. Biolan, acting as Agents), DuPont Performance Elastomers LLC, DuPont Performance Elastomers SA (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Seventh Chamber) of 2 February 2012 in Case T-76/08 EI du Pont de Nemours and Others v Commission, in which that Court dismissed an action for the partial 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/F/38.629 — Chloroprene Rubber) concerning a cartel in the market for chloroprene rubber in the European Economic Area (EEA), relating to market-sharing and price-fixing, and, in the alternative, a reduction in the amount of the fine imposed on the applicant — Joint venture — Imputability of the unlawful conduct
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders EI du Pont de Nemours and Company to pay the costs.
            
         
      (1)  OJ C 194, 30.6.2012.