Judgment of the Court of First Instance of 18 June 2008 - Hoechst v Commission
(Competition - Agreements, decisions and concerted practices - Market in sorbates - Decision finding an infringement of Article 81 EC - Calculation of the amount of the fines - Obligation to state the reasons on which the decision is based - Gravity and duration of the infringement - Aggravating circumstances - Principle non bis in idem - Cooperation during the administrative procedure - Access to the file - Duration of the procedure)
Language of the case: German
Parties
Applicant: Hoechst GmbH, formerly Hoechst AG (Frankfurt am Main, Germany) (represented initially by M. Klusmann and V. Turner, then by M. Klusmann, V. Turner and M. Rüba, and finally by M. Klusmann and V. Turner, lawyers)
Defendant: Commission of the European Communities (represented initially by W. Mölls, O. Beynet and K. Mojzesowicz, and subsequently by W. Mölls and K. Mojzesowicz, Agents, assisted by A. Böhlke, lawyer)
Re:
Application for annulment, so far as the applicant is concerned, of Commission Decision 2005/493/EC of 1 October 2003 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement against Chisso Corporation, Daicel Chemical Industries Ltd, Hoechst AG, The Nippon Synthetic Chemical Industry Co. Ltd and Ueno Fine Chemicals Industry Ltd (Case No COMP/E 1/37.370 - Sorbates) (Summary in OJ 2005 L 182, p. 20), or, in the alternative, a reduction to an appropriate level of the amount of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Sets the amount of the fine imposed on Hoechst GmbH at EUR 74.25 million.
Dismisses the remainder of the action.
Orders the parties to bear their own costs.
____________1 - OJ C 59, 6.3.2004.