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Europe Daily Bulletin No. 10420
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GENERAL NEWS / (ae) eu/cjeu

Rulings on various Commission anti-trust decisions

Brussels, 15/07/2011 (Agence Europe) - The General Court of the EU delivered rulings on 13 and 14 July relating to fines imposed by the Commission on companies found to have taken part in cartels. In its decision of 29 November 2006, the Commission imposed fines totalling €519 million on companies taking part in a cartel on the synthetic rubber market (see EUROPE 9318). The General Court annulled the decision and the fines imposed on Unipetrol, its subsidiary Kauèuk and Trade-Stomil, of €17.55 million and €3.8 million respectively, taking the view that these companies had not taken part in the cartel. It also reduced the fine imposed jointly and severally on Eni and its subsidiary Polimeri Europa from €272.25 million to €181.5 million, stating that the 50% increase in the penalty could not be justified, the Commission having failed to demonstrate repeated infringement. The Court found that Dow Deutschland had taken part in the cartel for a shorter period than that determined by the Commission, but it upheld the €60.27 million fine imposed jointly and severally on it and the Dow Chemical Company. Lastly, the Court rejected all the arguments advanced by the Shell group companies in the Netherlands and upheld the €160.88 million fine imposed on them. On 21 February 2007, the Commission fined the companies taking part in a cartel on the German, Belgian and Luxembourg markets for the sale, installation, maintenance and modernisation of lifts and escalators a total of more than €992 million (see EUROPE 9371). The General Court reduced the fines imposed jointly and severally on German companies ThyssenKrupp AG and ThyssenKrupp Elevator AG and Belgian company ThyssenKrupp Liften Ascenseurs NV from €68.61 million to €45.74 million, removing the 50% increase imposed by the Commission on the grounds of repeated infringement. In the same case, the Court rejected the arguments put by Otis, Schindler and Kone and upheld the fines imposed on them. A Commission decision of 3 May 2006 (see EUROPE 9184) imposed fines totalling €388.13 million on the companies taking part in a cartel on the hydrogen peroxide and sodium perborate market. The General Court upheld the €76.66 million fine imposed jointly and severally on Arkema France and its parent companies (Elf Aquitaine SA and Total SA). These companies challenged the joint and several liability of the parent companies on the basis of a simple presumption on the part of the Commission because they held virtually all Arkema's capital. The Court rejected their arguments, stating that they had not demonstrated the independence of their subsidiary. (F.G./transl.rt)

 

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