Judgment of the General Court (Seventh Chamber) of 2 February 2012.#The Dow Chemical Company v European 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 — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation.#Case T‑77/08.

Subject of the case

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/38629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in so far as it concerns the applicant and, in the alternative, a reduction in the amount of the fine imposed on the applicant by that decision.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders The Dow Chemical Company to pay the costs.