Judgment of the General Court (Third Chamber) of 12 December 2012 - Almamet v Commission

(Case T-410/09) 

(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Commission's powers in inspections - Single and continuous infringement - Fines - Cooperation during the administrative procedure - Proportionality - 2006 Guidelines on the method of setting fines)

Language of the case: English

Parties

Applicant: Almamet GmbH Handel mit Spänen und Pulvern aus Metall (Ainring, Germany) (represented by: S. Hautbourg and C. Renner, lawyers)

Defendant: European Commission (represented by: N. Khan, V. Bottka and N. von Lingen, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 − Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Almamet GmbH Handel mit Spänen und Pulvern aus Metall to bear its own costs and to pay those incurred by the European Commission.

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¹ - OJ C 312, 19.12.2009.