Judgment of the General Court of 18 June 2013 – Fluorsid and Minmet v Commission
(Case T-404/08) 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 – Action for annulment – Period allowed for commencing proceedings – Out of time – Inadmissibility – Price-fixing and market-sharing – Evidence of the infringement – Rights of defence – Definition of the relevant market – Fines – Gravity of the infringement – 2006 Guidelines on fines)
Language of the case: Italian
Parties
Applicants: Fluorsid SpA (Assemini, Italy); and Minmet financing Co. (Lausanne, Switzerland) (represented by: L. Vasques and F. Perego, lawyers)
Defendant: European Commission (represented by: V. Di Bucci, C. Cattabriga and K. Mojzesowicz, Agents)
Re:
Application for 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 applicants
Operative part of the judgment
The Court:
Dismisses the action;
Orders Fluorsid SpA and Minmet financing Co. to bear their own costs and to pay those incurred by the European Commission.
____________1 OJ C 301, 22.11.2008.