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(Case T-216/06) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for methacrylates - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fines - Gravity of the infringement - Attenuating circumstances - Non-implementation in practice of the offending agreements or practices)
2011/C 311/55
Language of the case: English
Applicants: Lucite International Ltd (Southampton, United Kingdom); and Lucite International UK Ltd (Darwen, United Kingdom) (represented by: R. Thompson QC, S. Rose and A. Chandler, Solicitors)
Defendant: European Commission (represented initially by V. Bottka, F. Amato and I. Chatzigiannis, and subsequently by V. Bottka, I. Chatzigiannis and F. Arbault, acting as Agents)
Application for a reduction in the fine imposed on the applicants under Article 2(d) of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates).
The Court:
1.Dismisses the action;
2.Dismisses the Commission’s request for withdrawal of immunity;
3.Orders Lucite International Ltd and Lucite International UK Ltd to bear 90 % of their own costs and to pay 90 % of the costs incurred by the Commission;
4.Orders the Commission to bear 10 % of its own costs and to pay 10 % of the costs incurred by Lucite International and Lucite International UK.
(<span class="super">1</span>) OJ C 237, 30.9.2006.