15.2.2014

Official Journal of the European Union

C 45/6

(Case C-455/11 P) (<span class="super">1</span>)

(Appeals - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Concepts of ‘agreement’ and ‘concerted practice’ - Leniency Notice - Obligation to state reasons - Reduction of the fine)

2014/C 45/10

Language of the case: English

Parties

Appellant: Solvay SA (represented by: O. W. Brouwer, advocaat, and M. O’Regan, Solicitor)

Other party to the proceedings: European Commission (represented by: V. Bottka, A. Biolan and J. Bourke, Agents, and by M. Gray, BL)

Re:

Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 16 June 2011 in Case T-186/06 Solvay v European Commission by which the General Court upheld in part an action for (i) partial annulment of Commission Decision 2006/903/EC of 3 May 2006 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen Peroxide and perborate) (OJ 2006 L 353, p. 54), concerning a complex of agreements and concerted practices consisting in exchanges of information on prices and sales volumes, agreements on prices and on the reduction of production capacities in the EEA, and in the monitoring of the implementation of those agreements in the European market for hydrogen peroxide and sodium perborate, and (ii) annulment or a reduction of the fine imposed on the appellant — Concepts of ‘agreement’ and ‘concerted practice’.

Operative part of the judgment

The Court:

1.Dismisses the main appeal and the cross-appeal;

2.Orders Solvay SA to pay the costs of the main appeal;

3.Orders the European Commission to pay the costs of the cross-appeal.

(<span class="super">1</span>) OJ C 347, 26.11.2011.