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Case C-499/11 P: Judgment of the Court (First Chamber) of 18 July 2013 — The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH v European Commission (Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Fixing price targets, sharing clients through non-aggression agreements and exchanging commercial information — Imputability of the offending conduct — Discretion enjoyed by the Commission — Multiplier for deterrence — Equal treatment)
ECLI:EU:UNKNOWN:62011CA0499
62011CA0499
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7.9.2013
Official Journal of the European Union
C 260/7
(Case C-499/11 P) (<span class="super">1</span>)
(Appeal - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Fixing price targets, sharing clients through non-aggression agreements and exchanging commercial information - Imputability of the offending conduct - Discretion enjoyed by the Commission - Multiplier for deterrence - Equal treatment)
2013/C 260/11
Language of the case: English
Parties
Appellants: The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH (represented by: D. Schroeder and T. Kuhn, Rechtsanwälte, and by T. Graf, advokat)
Other party to the proceedings: European Commission (represented by: M. Kellerbauer and V. Bottka, acting as Agents)
Re:
Appeal against the judgment in Case T-42/07 Dow Chemical and Others v Commission, by which the General Court (First Chamber) dismissed in part the action for partial annulment of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber), concerning an agreement on the fixing of price targets, the sharing of clients through non-aggression agreements and the exchange of commercial information, and for reduction of the fine imposed on the appellants
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH and Dow Europe GmbH to bear their own costs and to pay those incurred by the European Commission.
*
Language of the case: English.
(<span class="super">1</span>) OJ C 252, 27.8.2011.
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