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Case T-540/08: Judgment of the General Court of 11 July 2014 — Esso and Others v Commission (Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — 2006 Guidelines on the method of setting fines — Duration of the infringement — Equal treatment — Proportionality — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62008TA0540
62008TA0540
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Official Journal of the European Union
C 292/23
(Case T-540/08) (<span class="super">1</span>)
((Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - 2006 Guidelines on the method of setting fines - Duration of the infringement - Equal treatment - Proportionality - Unlimited jurisdiction))
2014/C 292/28
Language of the case: English
Parties
Applicants: Esso Société anonyme française (Courbevoie, France); Esso Deutschland GmbH (Hamburg, Germany); ExxonMobil Petroleum and Chemical BVBA (Antwerp, Belgium); and Exxon Mobil Corp. (West Trenton, New Jersey, United States) (represented by: R. Subiotto QC, R. Snelders, L.-P. Rudolf and M. Piergiovanni, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)
Re:
Application for the partial annulment of Commission decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) and for the reduction of the fine it imposes on the applicants.
Operative part of the judgment
The Court:
1.Sets the amount of the fine imposed on Esso Société anonyme française in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) at EUR 6 2 7 12 895;
2.Dismisses the action as to the remainder;
3.Orders the European Commission to bear its own costs and to pay those incurred by Esso Société anonyme française;
4.Orders Esso Deutschland GmbH, ExxonMobil Petroleum and Chemical BVBA and Exxon Mobil Corp. to bear their own costs.
(<span class="super">1</span>) OJ C 44, 21.2.2009.