Action brought on 16 August 2006 - Lucite International and Lucite International UK v Commission

(Case T-216/06)

Language of the case: English

Parties

Applicants: Lucite International Ltd (Hampshire, United Kingdom) and Lucite International UK Ltd (Lancashire, United Kingdom) (represented by: R. Thompson, QC, and S. Rose, Solicitor)

Defendant: Commission of the European Communities

Form of order sought

Annulment of Article 2(d) of Decision COMP/F/38.645;

the replacement of the fine imposed under Article 2(d) of Decision [COMP/F/38.645] by a fine of EUR 18,268,750 or such other lower amount as the Court may consider appropriate; and

order the defendant to bear the costs of this application.

Pleas in law and main arguments

The applicants seek the partial annulment of the Commission's Decision C(2006) 2098 final of 31 May 2006 in Case COMP/F/38.645 - Methacrylates, by which the Commission found that the applicants had infringed Article 81 EC and Article 53 of the Agreement on the European Economic Area by participating in a methacrylates cartel which consisted of discussing prices, agreeing, implementing and monitoring price agreements either in form of price increases, or at least stabilisation of existing price levels, discussing the passing on of additional service costs to customers, exchange of commercially important and confidential market and/or company relevant information and participating in regular meetings and other contacts to facilitate the infringement.

In support of their application, the applicants submit that the Commission applied its guidelines on the method of setting fines incorrectly when calculating the fine imposed on the applicants.

First of all, the Commission failed to take account of the nature of the applicant's involvement and the extent of their role in undermining the cartel when setting the starting amount of the fine.

Secondly, the Commission did not give proper consideration to the attenuating circumstances applicable to the applicants.

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