Brussels, 11/11/2009 (Agence Europe) - On Wednesday 11 November, the European Commission decided to impose total fines of €173,864 million on 24 companies from 10 different undertakings, which had divided up the market for heat stabilisers. The members of the cartel met regularly between 1987 and 2000 in the offices of the Swiss consultant AC Treuhand in Zurich, to conclude illegal agreements on this market.
The following companies were members of the cartel: Akzo (Netherlands), Baerlocher (Germany), Ciba (Switzerland), Elementis (United Kingdom/USA), Elf Aquitaine (Arkema France) (France), GEA (Germany), Chemson (Austria), Faci (Italy), Reagens (Italy) and lastly AC Treuhand. All but the latter are active in production and sales of tin stabilisers (1987-2000) and ESBO/esters heat stabilisers (1991-2000). These are stabilisers which are added to PVC products to improve their heat resistance. They also increase the plasticity, rigidity and transparency of final PVC products and protect them from discoloration.
Three companies managed to get away without full fines. Although Chemtura Corporation also took part in the cartel, it was not fined because it revealed the existence of the cartels to the Commission. Additionally, the fines imposed on Arkema France, Baerlocher and Ciba were reduced due to their cooperation with the Commission's investigation. The fines on Arkema France were increased by 90%, as the company had previously taken part in similar cartels. It is worth noting that the company Akzo had also previously been found guilty of participation in illegal cartels in 2004 (EUROPE 8845) and 2005 (EUROPE 8870), but as these infringements occurred later than those in the decision of 11 November, it cannot be deemed a repeat offence.
Private claims. European Trade Commissioner Neelie Kroes once again urged clients who may have suffered at the hands of the cartel to bring claims for damages and interest before their national jurisdictions. Claims of this kind are more viable for industrial products - in which the transactions, and the damages suffered, are very high - than for consumer products, where the modest amounts of money in question for individual consumers rarely merit a potentially costly legal procedure. The commissioner also pointed out that proposed legislation to facilitate these claims was being finalised by the Commission, and that her successor at the head of DG Competition would be responsible for presenting it to the European Parliament. A source close to the dossier explained that the legal basis of the text has been modified slightly, so that it is based more on the rules of the internal market. This means that a consultation procedure with the other Community institutions is required, rather than just a consultation, a major effect of which will be to increase the influence of the Parliament over the final text. (C.D./transl.fl)