CELEX: 62011CA0499
Language: en
Date: 2013-07-18 00:00:00
Title: Case C-499/11 P: Judgment of the Court (First Chamber) of 18 July 2013 — The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH v European Commission (Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Fixing price targets, sharing clients through non-aggression agreements and exchanging commercial information — Imputability of the offending conduct — Discretion enjoyed by the Commission — Multiplier for deterrence — Equal treatment)

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/7
            
         Judgment of the Court (First Chamber) of 18 July 2013 — The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH v European Commission
   (Case C-499/11 P) (1)
   
   (Appeal - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Fixing price targets, sharing clients through non-aggression agreements and exchanging commercial information - Imputability of the offending conduct - Discretion enjoyed by the Commission - Multiplier for deterrence - Equal treatment)
   2013/C 260/11
   Language of the case: English
   
      Parties
   
   
      Appellants: The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH (represented by: D. Schroeder and T. Kuhn, Rechtsanwälte, and by T. Graf, advokat)
   
      Other party to the proceedings: European Commission (represented by: M. Kellerbauer and V. Bottka, acting as Agents)
   
      Re:
   
   Appeal against the judgment in Case T-42/07 Dow Chemical and Others v Commission, by which the General Court (First Chamber) dismissed in part the action for partial annulment of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber), concerning an agreement on the fixing of price targets, the sharing of clients through non-aggression agreements and the exchange of commercial information, and for reduction of the fine imposed on the appellants
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH and Dow Europe GmbH to bear their own costs and to pay those incurred by the European Commission.
            
         
      (1)  OJ C 252, 27.8.2011.