Language of document :

Judgment of the General Court of 17 December 2009 - Solvay v Commission

(Case T-57/01) 1

(Competition - Abuse of a dominant position - Market in soda ash in the Community (with the exception of the United Kingdom and Ireland) - Decision finding an infringement of Article 82 EC - Supply agreements for an excessively long period -Fidelity rebate - Expiry of limitation period applicable to Commission power to impose fines or sanctions - Reasonable time - Essential procedural requirements - Relevant geographic market - Existence of a dominant position - Abuse of a dominant position - Right of access to the file - Fine - Gravity and duration of the infringement - Aggravating circumstances - Repetition of infringement - Mitigating circumstances)

Language of the case: French

Parties

Applicant: Solvay SA (Brussels, Belgium) (represented by: L. Simont, P.-A. Foriers, G. Block, F. Louis and A. Vallery, lawyers)

Defendant: European Commission (represented by: P. Oliver and J. Currall, Agents, assisted by N. Coutrelis, lawyer)

Re:

First, application for annulment of Commission Decision 2003/6/EC of 13 December 2000 relating to a proceeding pursuant to Article 82 [EC] (Case COMP/33.133 - C: Soda ash - Solvay) (OJ 2003 L 10, p. 10) and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

Fixes the fine imposed on Solvay SA in Article 2 of Commission Decision 2003/6/EC of 13 December 2000 relating to a proceeding pursuant to Article 82 [EC] (Case COMP/33.133 - C: Soda ash - Solvay) at EUR 19 million;

Dismisses the action as to the remainder.

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1 - OJ C 161, 2.6.2001.