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Case T-410/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — Almamet v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Commission’s powers in inspections — Single and continuous infringement — Fines — Cooperation during the administrative procedure — Proportionality — 2006 Guidelines on the method of setting fines)
ECLI:EU:UNKNOWN:62009TA0410
62009TA0410
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Official Journal of the European Union
C 32/17
(Case T-410/09) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Commission’s powers in inspections - Single and continuous infringement - Fines - Cooperation during the administrative procedure - Proportionality - 2006 Guidelines on the method of setting fines)
2013/C 32/25
Language of the case: English
Parties
Applicant: Almamet GmbH Handel mit Spänen und Pulvern aus Metall (Ainring, Germany) (represented by: S. Hautbourg and C. Renner, lawyers)
Defendant: European Commission (represented by: N. Khan, V. Bottka and N. von Lingen, acting as Agents)
Re:
Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Almamet GmbH Handel mit Spänen und Pulvern aus Metall to bear its own costs and to pay those incurred by the European Commission.
(<span class="super">1</span>) OJ C 312, 19.12.2009.