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Case T-343/06: Judgment of the General Court of 27 September 2012 — Shell Petroleum and Others v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Joint control — Fines — Aggravating circumstances — Role of instigator and leader — Repeated infringement — Duration of the infringement — Rights of the defence — Unlimited jurisdiction — Conduct of the undertaking during the administrative procedure)
ECLI:EU:UNKNOWN:62006TA0343
62006TA0343
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17.11.2012
Official Journal of the European Union
C 355/14
(Case T-343/06) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Joint control - Fines - Aggravating circumstances - Role of instigator and leader - Repeated infringement - Duration of the infringement - Rights of the defence - Unlimited jurisdiction - Conduct of the undertaking during the administrative procedure)
2012/C 355/23
Language of the case: English
Parties
Applicants: Shell Petroleum NV (The Hague, Netherlands), The Shell Transport and Trading Company Ltd (London, United Kingdom) and Shell Nederland Verkoopmaatschappij BV (Rotterdam, Netherlands) (represented: initially by O. Brouwer, W. Knibbeler and S. Verschuur, and subsequently by O. Brouwer, W. Knibbeler and P. van den Berg, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by L. Gyselen, lawyer)
Re:
APPLICATION, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it concerns the applicants, and, in the alternative, for reduction of the fine imposed on the applicants by that decision.
Operative part of the judgment
The Court:
1.Annuls Article 2(l) of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it sets the fine imposed on Shell Petroleum NV, The Shell Transport and Trading Company Ltd and Shell Nederland Verkoopmaatschappij BV at EUR 108 million;
2.Reduces the fine imposed on Shell Petroleum, The Shell Transport and Trading Company and Shell Nederland Verkoopmaatschappij by Article 2(l) of that decision to EUR 81 million;
3.Dismisses the action as to the remainder;
4.Orders each party to bear its own costs.
(<span class="super">1</span>) OJ C 20, 27.1.2007.