Brussels, 05/12/2013 (Agence Europe) - In cases C-447, C-448, C-449 and C-455/11 P on Thursday 5 December, the European Court of Justice dismissed the appeals of the companies involved in the cartel on the market for bleaching agents (hydrogen peroxide and sodium perborate). It also rejected the appeal by the European Commission against the Court of Justice's cancellation of its decision regarding chemicals company Edison SpA.
In 2006, the Commission imposed fines totalling €388.13 million on seven companies - Edison SpA and its subsidiary Solvay Solexis SpA (then known as Ausimont SpA), SNIA SpA and its subsidiary Caffaro SpA, Belgian company Solvay SA, FMC Corporation (of the United States) and its Spanish subsidiary FMC Foret SA - of the total of nine involved in the bleach cartel from 1994 to 2000 (exchanging confidential market and company information, limiting and controlling production, allocating market shares and customers and fixing and monitoring prices). Air Liquide was not fined because it had left the cartel five years before the Commission's investigation started. The fined companies lodged a complaint with the Court of First Instance (now the General Court) and in 2011, the Court of First Instance annulled the Commission's decision for Edison and Air Liquide (rulingsT-196/06 and T185-06), and reduced Solvay's fine (T-186/06), so as to take account of the reduced period of its participation in the cartel, and because the information provided by Solvay was widely used in the decision. However, it dismissed the actions brought by Solvay Solexis, SNIA and its subsidiary Caffaro, and by FMC Corporation and its subsidiary FMC Foret, maintaining the amounts of their fines. The European Commission asked for the annulment of the ruling concerning Edison.
The Court of Justice rejected all the appeals against the fines on the grounds that the General Court did not commit any errors. It confirmed the fines set by the General Court: €139.50 million on Solvay SA, €25.619 million for Solvay Solexis and a joint fine of €1.078 million on SNIA and its subsidiary Caffaro. It confirmed the cancellation of Edison's fine (€58.125 million, including a joint fine of €25,619 together with Solvay Solexis). (FG/transl.fl)