Judgment of the General Court of 25 October 2011 - Aragonesas Industrias y Energía v Commission
(Case T-348/08)
(Competition - Agreements, decisions and concerted practices - Sodium chlorate market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Action for annulment - Market-sharing - Price-fixing - Body of evidence - Date of the evidence - Statements of competitors - Acknowledgment - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances)
Language of the case: English
Parties
Applicant: Aragonesas Industrias y Energía, SA (Barcelona, Spain) (represented by: I.S. Forrester QC, and K. Struckmann, P. Lindfelt and J. Garcia-Nieto Esteva, lawyers)
Defendant: European Commission (represented by: A. Biolan, J. Bourke and R. Sauer, Agents)
Re:
Application, primarily, for the annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 - Sodium chlorate) to the extent to which it concerns Aragonesas Industrias y Energía and, in the alternative, for the annulment or a substantial reduction of the fine imposed on it in that decision
Operative part of the judgment
The Court:
Annuls Article 1(g) of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 - Sodium chlorate) in so far as the Commission of the European Communities found therein an infringement by Aragonesas Industrias y Energía, SAU, from 16 December 1996 to 27 January 1998 and from 1 January 1999 to 9 February 2000;
Annuls Article 2(f) of Decision C(2008) 2626 final in so far as its sets the amount of the fine at EUR 9 900 000;
Dismisses the action as to the remainder;
Orders Aragonesas Industrias y Energía to bear a third of its own costs and half of those incurred by the Commission;
Orders the Commission to bear half of its own costs and two thirds of those incurred by Aragonesas Industrias y Energía.
____________1 - OJ C 285, 8.11.2008.