Judgment of the General Court of 16 June 2011 - FMC Foret v Commission
(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Presumption of innocence - Rights of the defence - Fines - Attenuating circumstances)
Language of the case: English
Parties
Applicant: FMC Foret, SA (Barcelona, Spain) (represented by: M. Seimetz, lawyer, and C. Stanbrook QC)
Defendant: European Commission (represented initially by F. Arbault, and subsequently by V. Di Bucci and V. Bottka, Agents, and by M. Gray, Barrister)
Re:
Application for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 - Hydrogen peroxide and perborate) and, in the alternative, a reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders FMC Foret SA to pay the costs.
____________1 - OJ C 212, 2.9.2006.