Brussels, 08/10/2008 (Agence Europe) - In a ruling delivered on 8 October, the Court of First Instance said that the European Commission did not make any errors in fining one French and four German companies a total of over €100 million for their participation in a cartel on the specialised carbon market between 1988 and 1999 (joint cases T-68/04, T-69/04 and T-73/04). The Court rejected the argument that the Commission, in order to justify the amount of the fines, should have demonstrated the precise effect of the cartel on prices on the market in question. Reacting immediately, the Commission welcomed the outcome.
In 2004, the five companies appealed to the Court of First Instance against the fines imposed by the Commission in December of the previous year (decision 2004/420/EC) for of their participation in a cartel on the market for electrical and mechanical carbon and graphite products during the period from October 1988 to December 1999. Le Carbone-Lorraine was fined €43.05 million, Schunk and its subsidiary Schunk Kohlenstoff-Technik €30.87 million; SGL Carbon € 23.64 million; Hoffmann & Co. Elektrokohle € 2.82 million; and Conradty Nürnberg € 1.06 million. The products in question allow electricity to be conducted to the internal mechanisms of electric motors in all kinds of industrial and everyday consumer products. In line with the clemency scheme, a fifth company, Morgan Crucible of the UK, had its fine quashed because it cooperated with the Commission.
The companies, in a vain attempt to have their fines reduced or even annulled, argued, in the first instance, that the Commission had failed in its duty to demonstrate the price increases that could be directly attributed to the cartel. The Court rejected this argument, pointing out that, given the length of time the cartel lasted, and the fact that the members of the cartel controlled 90% of the market, the infringement could be classified as “very serious” without there having to be economic proof of its effect on the market. The Court also found that the Commission was correct in its decision to reduce the fine on SGL Carbon because of its current financial difficulties, without its having to reduce the fines imposed on the others. The ruling stated that the Commission, whether the cartel members like it or not, was in no way required to reduce the fines on Schunk and Le Carbone-Lorraine under the clemency scheme: their cooperation in the investigation would not have brought forth important additional information. The companies can lodge an appeal against this judgment with the Court of Justice, but only on points of law, within the next three months. (C.D./transl.rt)