Judgment of the General Court (Third Chamber) of 13 December 2013 —
HSE v Commission
(Case T‑399/09)
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 — Imputability of the unlawful conduct — Presumption of innocence — Fines — Article 23 of Regulation (EC) No 1/2003 — 2006 guidelines on the method of setting fines — Mitigating circumstances — Infringement committed as a result of negligence — Infringement authorised or encouraged by the public authorities
1. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption that a parent company exerts a decisive influence over its wholly-owned subsidiaries — Obligation of the parent company to rebut the presumption that management power was actually exercised over its subsidiary (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 11-16)
2. Competition — Union rules — Infringement committed by an undertaking — Attribution to another undertaking having regard to the economic and legal links between them — Burden of proof on the Commission (Art. 81(1) EC) (see para. 29)
3. Agreements, decisions and concerted practices — Undertaking — Concept — Economic unit — Criteria for assessment (Art. 81(1) EC) (see paras 30-32, 34-36, 38, 51, 53, 54, 59, 80, 84-86, 100)
4. EU law — Principles — Fundamental rights — Presumption of innocence — Procedures in competition matters — Applicability — Degree of probative value required for the evidence on which the Commission relies (Art. 81(1) EC; Charter of Fundamental Rights of the European Union, Art. 48(1)) (see paras 107-109)
5. Competition — Fines — Amount — Determination — Criteria — Deterrent effect of the fine — Discretion of the Commission — Same percentage applied in respect of all cartel participants — No breach of the principle of equal treatment (Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 21 and 25) (see paras 124, 125, 131, 132)
6. Competition — Fines — Amount — Determination — Criteria — Gravity and duration of the infringement — Infringement committed by several undertakings — Gravity to be assessed individually (Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02) (see para. 135)
7. Competition — Union rules — Infringements — Committed deliberately — Concept (Council Regulation No 1/2003, Art. 23(2)) (see paras 140-142)
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 relates to the applicant, and, in the alternative, for the reduction of the fine imposed on the applicant by that decision. |
Operative part
The Court:
2. | | Orders Holding Slovenske elektrarne d.o.o. (HSE) to bear its own costs and to pay those incurred by the European Commission. |