Judgment of the General Court (Third Chamber) of 6 February 2014 —
Arkema France and CECA v Commission
(Joined Cases T‑23/10 and T‑24/10)
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 — Duration of the infringement — Limitation — Legitimate interest in finding that an infringement was committed — Application for variation — Amount of the fines — Duration of the infringements — Unlimited jurisdiction
1. Competition — Administrative procedure — Commission decision finding an infringement — Burden of proving the infringement and its duration on the Commission — Extent of the burden of proof — Degree of precision required of the evidence used by the Commission — Body of evidence — Evidential obligations of undertakings challenging the reality or the duration of the infringement (Art. 81 EC; Council Regulation No 1/2003, Art. 2) (see paras 38-48, 57, 66-70, 98-106)
2. Competition — Administrative procedure — Powers of the Commission — Finding of an infringement that has ceased — Legitimate interest in making the finding (Art. 81 EC; Council Regulation No 1/2003, Art. 7(1)) (see paras 111-120)
3. Competition — Fines — Amount — Determination — Discretion of the Commission — Judicial review — Unlimited jurisdiction of the EU judicature — Scope (Arts 261 TFEU and 263 TFEU; Council Regulation No 1/2003, Art. 31) (see paras 121-125)
Re:
| APPLICATIONS 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 on the applicants. |
Operative part
The Court:
2. | | Orders Arkema France and CECA SA to pay the costs. |