CELEX: 62008TA0548
Language: en
Date: 2013-09-13 00:00:00
Title: Case T-548/08: Judgment of the General Court of 13 September 2013 — Total v Commission (Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Principle of the legality of criminal offences and penalties — Presumption of innocence — Attributability of the unlawful conduct — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption where the parent company holds nearly 100 % of the shares)

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/18
            
         Judgment of the General Court of 13 September 2013 — Total v Commission
   (Case T-548/08) (1)
   
   (Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Principle of the legality of criminal offences and penalties - Presumption of innocence - Attributability of the unlawful conduct - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company - Presumption where the parent company holds nearly 100 % of the shares)
   2013/C 313/32
   Language of the case: French
   
      Parties
   
   
      Applicant: Total SA (Courbevoie, France) (represented by: É. Morgan de Rivery and A. Noël-Baron, lawyers)
   
      Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)
   
      Re:
   
   Primarily, application for annulment of Commission Decision C(2008) 5476 final of 1 October 2008, relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes), and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Total SA to bear its own costs and to pay those of the European Commission.
            
         
      (1)  OJ C 44, 21.2.2009.