Judgment of the General Court (Second Chamber) of 25 October 2011 – Uralita v Commission

(Case T-349/08)

Competition – Agreements, decisions and concerted practices – Sodium chlorate market – Decision finding an infringement of Article 81 EC – Action for annulment – Imputability of unlawful conduct

1.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Economic unit – Criteria for assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries (Arts 81 EC and 82 EC; EEA Agreement, Art. 53(1)) (see paras 38-42)

2.                     Competition – Community rules – Infringements – Attribution – Legal person responsible for the running of the undertaking at the time of the infringement – Disappearance – Disappearance through absorption by another undertaking – Absorbed company being a former parent company having had liability for its own conduct attributed to it – Attribution of liability to the acquirer – Lawfulness (Art. 81(1) EC) (see paras 55-62)

Re:

APPLICATION for the partial 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) in so far as it concerns Uralita, SA.

Operative part

The Court:

1. Dismisses the action;

2. Orders Uralita, SA to pay the costs.