Judgment of the General Court of 18 June 2013 – ICF v Commission

(Case T-406/08) ¹

(Competition – Agreements, decisions and concerted practices – World market in aluminium fluoride – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Price-fixing and market-sharing – Evidence of the infringement – Rights of defence – Consistency between the statement of objections and the contested decision – Fines – 2006 Guidelines on fines – Euro-Mediterranean Agreement)

Language of the case: French

Parties

Applicant: Industries chimiques du fluor (ICF) (Tunis, Tunisia) (represented: initially by M. van der Woude and T. Hennen and subsequently by P. Wytinck and D. Gillet, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, K. Mojzesowicz and N. von Lingen, Agents)

Re:

Application for the annulment of Commission Decision C(2008) 3043 of 25 June 2008 relating to a proceeding under Article 81[EC] and Article 53 of the EEA Agreement (COMP/39.180 – Aluminium fluoride), concerning a worldwide price-fixing and market-sharing cartel on the world aluminium fluoride market and, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Industries chimiques du fluor to bear its own costs and to pay those incurred by the European Commission.

____________

¹ OJ C 44, 21.2.2009.