Judgment of the General Court of 2 February 2012 - Denki Kagaku Kogyo and Denka Chemicals v Commission
(Case T-83/08)
(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Proof of participation in the cartel − Proof of having distanced oneself from the cartel − Duration of the infringement - Rights of the defence - Access to the file − Guidelines on the method of setting − Non-retroactivity - Legitimate expectation - Principle of proportionality - Mitigating circumstances)
Language of the case: English
Parties
Applicants: Denki Kagaku Kogyo Kabushiki Kaisha (Tokyo, Japan); and Denka Chemicals GmbH (Düsseldorf, Germany) (represented: initially by G. van Gerven, T. Franchoo and D. Fessenko, and subsequently by T. Franchoo, B. Bär-Bouyssière and A. de Beaugrenier, lawyers)
Defendant: European Commission (represented by: S. Noë and V. Bottka, Agents)
Re:
APPLICATION for, principally, annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 - Chloroprene Rubber), in that it concerns the applicants and, in the alternative, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs.
____________1 - OJ C 107, 26.4.2008.