Judgment of the General Court of 25 June 2010 - Imperial Chemical Industries v Commission

(Case T-66/01) 1

(Competition - Abuse of dominant position - Market for soda ash in the United Kingdom - Decision finding an infringement of Article 82 EC - Commission's power to impose a fine or sanction - Reasonable time - Essential procedural requirements - Res judicata - Existence of the dominant position - Abuse of the dominant position - Effect on trade between Member States - Fine - Gravity and duration of the infringement - Mitigating circumstances)

Language of the case: English

Parties

Applicant: Imperial Chemical Industries Ltd, formerly Imperial Chemical Industries plc (London, United Kingdom) (represented by: D. Vaughan QC, D. Anderson QC and S. Lee, Barrister, and by S. Turner, S. Berwick and R. Coles, Solicitors, and then by D. Vaughan QC, S. Berwick, Solicitor, S. Lee and S. Ford, Barristers)

Defendant: European Commission (represented by: J. Currall and P. Oliver, Agents, and by J. Flynn QC and C. West, Barrister)

Re:

Application for annulment of Commission Decision 2003/7/EC of 13 December 2000 relating to a proceeding under Article 82 [EC] (Case COMP/33.133-D: Soda ash - ICI) (OJ 2003 L 10, p. 33) or, in the alternative, for cancellation or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

Annuls Article 1 of Commission Decision 2003/7/EC of 13 December 2000 relating to a proceeding under Article 82 [EC] (Case COMP/33.133-D: Soda ash - ICI) in so far as it states that Imperial Chemical Industries Ltd infringed Article 82 EC in 1983;

Sets the amount of the fine imposed on Imperial Chemical Industries in Article 2 of Decision 2003/7 at EUR 8 million;

Dismisses the action as to the remainder;

Orders Imperial Chemical Industries to pay four fifths of its own costs and four fifths of those incurred by the European Commission;

Orders the European Commission to pay one fifth of its own costs and one fifth of those incurred by Imperial Chemical Industries.

____________

1 - OJ C 150, 19.5.2001.