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Image header Agence Europe
Europe Daily Bulletin No. 10797
ECONOMY - FINANCE - ENTERPRISES / (ae) competition

ENI and Versalis threatened with fine increase

Brussels, 01/03/2013 (Agence Europe) - On 1 March, the European Commission sent a second statement of objections to ENI and Versalis (previously known as Polimeri Europa S.p.A), informing them that it intends to re-impose a 50% uplift for recidivism, representing €90.75 million, of the fine imposed in 2006 for their participation in a synthetic rubber cartel. At the time, it believed that this enterprise had already taken part in the Polypropylene and PVC II cartels. The uplift imposed for recidivism was annulled by the General Court on 13 July 2011 (cases T-39/07 and T-59/07) because it deemed that the Commission had not explained sufficiently its conclusion that the same undertaking had committed the three infringements. The Commission has now provided full details showing that the addressees of the two previous cartel decisions (Anic in Polypropylene and Enichem in PVC II) belong to the same undertaking as ENI and Versalis, since ENI had a (close to) 100% ownership in those companies at the time of their involvement in the two previous cartels. In addition, the Commission provides full details showing that Versalis is the economic successor of Enichem, which, in turn, is the economic successor of Anic. As a result, the Commission concludes that the fine imposed on ENI and Versalis for participating in the synthetic rubber cartel should include an uplift. The two companies now have two months to provide their comments on the matter. (FG/transl.fl)

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