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Case T-191/06: Judgment of the General Court of 16 June 2011 — FMC Foret v Commission (Competition — Agreements, decisions and concerted practices — Hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Duration of the infringement — Presumption of innocence — Rights of the defence — Fines — Attenuating circumstances)

ECLI:EU:UNKNOWN:62006TA0191

62006TA0191

June 16, 2011
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30.7.2011

Official Journal of the European Union

C 226/21

(Case T-191/06) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Presumption of innocence - Rights of the defence - Fines - Attenuating circumstances)

2011/C 226/39

Language of the case: English

Parties

Applicant: FMC Foret, SA (Barcelona, Spain) (represented by: M. Seimetz, lawyer, and C. Stanbrook QC)

Defendant: European Commission (represented initially by F. Arbault, and subsequently by V. Di Bucci and V. Bottka, Agents, and by M. Gray, Barrister)

Re:

Application for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) and, in the alternative, a reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders FMC Foret SA to pay the costs.

(<span class="super">1</span>) OJ C 212, 2.9.2006.

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