ECLI:EU:T:2012:48•Judgment of the General Court (Seventh Chamber) of 2 February 2012.#Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH 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 — Proof of participation in the cartel − Proof of distancing from the cartel − Duration of the infringement — Rights of the defence — Access to the file − Guidelines on the method of setting fines − Non-retroactivity — Legitimate expectations — Principle of proportionality — Mitigating circumstances.#Case T‑83/08.
Judgment of the General Court (Seventh Chamber) of 2 February 2012.#Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH 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 — Proof of participation in the cartel − Proof of distancing from the cartel − Duration of the infringement — Rights of the defence — Access to the file − Guidelines on the method of setting fines − Non-retroactivity — Legitimate expectations — Principle of proportionality — Mitigating circumstances.#Case T‑83/08.
ECLI:EU:T:2012:48Eu Chamb 07 TFeb 2, 2012
Full text
Subject of the case
Operative part
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/38.629 — Chloroprene Rubber), in so far as 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
Operative part
The Court:
1. Dismisses the action;
2. Orders Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs.
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