Judgment of the General Court of 6 February 2014 – Elf Aquitaine v Commission
(Case T-40/10) 1
(Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction)
Language of the case: French
Parties
Applicant: Elf Aquitaine (Courbevoie, France) (represented by: É. Morgan de Rivery, S. Thibault-Liger, A. Noël-Baron, lawyers)
Defendant: European Commission (represented by: P. Van Nuffel, J. Bourke and A. Biolan, Agents)
Re:
Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38589 — Heat Stabilisers), or, in the alternative, for a reduction of the fines imposed.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Elf Aquitaine SA to pay the costs.
____________1 OJ C 100, 17.4.2010.