Brussels, 20/12/2006 (Agence Europe) - The European Commission has re-adopted a decision on a cartel in the stainless steel sector and fined ThyssenKrupp Stainless AG (formerly Krupp Nirosta GmbH) a total of €3 168 000. The infringement consisted in the participation of Thyssen Stahl GmbH (formerly Thyssen Stahl AG) in a cartel fixing an important part of the price of stainless steel ("the alloy surcharge") between 1993 and 1994 in violation of Article 65 of the (now lapsed) ECSC Treaty. The re-adoption follows a judgement of the Court of Justice of 14 July 2005, confirming the Court of First Instance's partial annulment, on procedural grounds, of the Commission decision of 21 January 1998 insofar as the fine imposed on ThyssenKrupp Stainless AG for the infringement committed by Thyssen Stahl GmbH was concerned.
The procedural mistake in point is that the Commission had not explicitly invited ThyssenKrupp Stainless AG to give its views on the cartel behaviour of Thyssen Stahl GmbH for which it was fined. The procedure was reopened and the mistake corrected. In addition to the a 10% reduction granted in 1998, a supplementary 10% was granted by the Court of First Instance as part of the clemency communication of 1996 which increased the fine from €3 564 000 to €3 168 000. (cd)