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Case C-179/12 P: Judgment of the Court (Ninth Chamber) of 26 September 2013 — The Dow Chemical Company v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Price-fixing and market-sharing — Infringement of Article 81 EC — Imputability of the unlawful conduct of a subsidiary to its parent company — Joint control by two parent companies — Decisive influence — Rights of defence — Increase in the fine — Deterrent effect)
ECLI:EU:UNKNOWN:62012CA0179
62012CA0179
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23.11.2013
Official Journal of the European Union
C 344/28
(Case C-179/12 P) (<span class="super">1</span>)
(Appeal - Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Price-fixing and market-sharing - Infringement of Article 81 EC - Imputability of the unlawful conduct of a subsidiary to its parent company - Joint control by two parent companies - Decisive influence - Rights of defence - Increase in the fine - Deterrent effect)
2013/C 344/47
Language of the case: English
Parties
Appellant: The Dow Chemical Company (represented by: D. Schroeder, Rechtsanwalt)
Other party to the proceedings: European Commission (represented by: P. Van Nuffel, V. Bottka and L. Malferrari, acting as Agents)
Re:
Appeal against the judgment of the General Court (Seventh Chamber) of 2 February 2012 in Case T-77/08 The Dow Chemical Company v European Commission in which that Court dismissed an action for the partial annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.629 — Chloroprene Rubber) concerning a cartel on the market for chloroprene rubber in the European Economic Area (EEA), relating to market-sharing and price-fixing, and, in the alternative, a reduction in the amount of the fine imposed on the applicant — Joint venture — Imputability of the unlawful conduct
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders The Dow Chemical Company to pay the costs.
(<span class="super">1</span>) OJ C 184, 23.6.2012.