Language of document :

Judgment of the General Court of 2 February 2012 - Dow Chemical v Commission

(Case T-77/08) 

(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 - Imputability of the unlawful conduct - Joint venture - Guidelines on the method of setting fines - Mitigating circumstances - Cooperation)

Language of the case: English

Parties

Applicant: The Dow Chemical Company (Midland, Michigan, United States) (represented by: D. Schroeder and T. Graf, lawyers)

Defendant: European Commission (represented: initially by X. Lewis and V. Bottka, subsequently by V. Bottka and V. Di Bucci, and lastly by V. Bottka, P. Van Nuffel and L. Malferrari, Agents)

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/38629 - Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in so far as it concerns the applicant and, in the alternative, a reduction in the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

Dismisses the action;

Orders The Dow Chemical Company to pay the costs.

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1 - OJ C 116, 9.5.2008.