Judgment of the General Court (Third Chamber) of 20 March 2014 — Faci v Commission
(Case T‑46/10)
Competition — Agreements, decisions and concerted practices — European markets in ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Fixing prices, allocating markets and customers and exchanging commercially sensitive information — Proof of one aspect of the infringement — Fines — Equal treatment — Sound administration — Reasonable time — Proportionality
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 the undertakings challenging the reality or the duration of the infringement (Art. 81 EC; Council Regulation No 1/2003, Art. 2) (see paras 45-55, 88-92)
2. Competition — Fines — Amount — Determination — Discretion of the Commission — Limits — Respect for the principle of equal treatment — Judicial review — Review of unlimited jurisdiction — Assessment by the General Court of the proportionality of the fine (Arts 261 TFEU and 263 TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 21 and 22) (see paras 129-141, 152, 157, 177)
3. Competition — Administrative procedure — Obligations of the Commission — Duty to act within a reasonable time — Annulment of a decision finding an infringement by reason of excessive duration of the procedure — Condition — Harm to the rights of defence of the undertakings concerned — Excessive duration of the procedure not relevant to the content of the Commission’s decision (Art. 81 EC; Charter of Fundamental Rights of the European Union, Art. 41(1); Commission Regulation No 1/2003) (see paras 173, 174)
4. Competition — Fines — Amount — Determination — No need to take account of the turnovers of the undertakings concerned and to ensure that fines are proportional to those turnovers (Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02) (see para. 196)
5. Competition — Fines — Amount — Determination — Criteria — Mitigating circumstances — Conduct deviating from that agreed within the cartel — Assessment (Art. 81 EC; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, point 29) (see paras 200-202)
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 annulment of the fine imposed on the applicant or a reduction in its amount. |
Operative part
The Court:
2. | | Orders Faci SpA to pay the costs. |