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Case C-172/12 P: Judgment of the Court (Ninth Chamber) of 26 September 2013 — EI du Pont de Nemours and Company v European Commission, DuPont Performance Elastomers LLC, DuPont Performance Elastomers SA (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 — Joint and several liability — Limitation period — Legitimate interest)
ECLI:EU:UNKNOWN:62012CA0172
62012CA0172
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23.11.2013
Official Journal of the European Union
C 344/27
(Case C-172/12 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 - Joint and several liability - Limitation period - Legitimate interest)
2013/C 344/46
Language of the case: English
Parties
Appellants: EI du Pont de Nemours and Company (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)
Other parties to the proceedings: European Commission (represented by: V. Bottka and A. Biolan, acting as Agents), DuPont Performance Elastomers LLC, DuPont Performance Elastomers SA (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)
Re:
Appeal brought against the judgment of the General Court (Seventh Chamber) of 2 February 2012 in Case T-76/08 EI du Pont de Nemours and Others v 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 in 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 EI du Pont de Nemours and Company to pay the costs.
(<span class="super">1</span>) OJ C 194, 30.6.2012.