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Case T-77/08: Judgment of the General Court of 2 February 2012 — Dow Chemical v Commission (Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation)
ECLI:EU:UNKNOWN:62008TA0077
62008TA0077
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17.3.2012
Official Journal of the European Union
C 80/15
(Case T-77/08)(1)
(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Imputability of the unlawful conduct - Joint venture - Guidelines on the method of setting fines - Mitigating circumstances - Cooperation)
2012/C 80/22
Language of the case: English
Parties
Applicant: The Dow Chemical Company (Midland, Michigan, United States) (represented by: D. Schroeder and T. Graf, lawyers)
Defendant: European Commission (represented: initially by X. Lewis and V. Bottka, subsequently by V. Bottka and V. Di Bucci, and lastly by V. Bottka, P. Van Nuffel and L. Malferrari, Agents)
Re:
APPLICATION for, principally, 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/38.629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in so far as it concerns the applicant and, in the alternative, a reduction in the amount of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders The Dow Chemical Company to pay the costs.
(1)
OJ C 116, 9.5.2008.