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Judgment of the General Court (Fourth Chamber) of 15 September 2011.#Lucite International Ltd and Lucite International UK Ltd v European Commission.#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.#Case T-216/06.
ECLI:EU:T:2011:475
62006TJ0216
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(Case T-216/06)
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
4. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Principle that penalties fit the individual circumstances – Application to the taking into account of aggravating or attenuating circumstances (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03, Sections 2 and 3) (see paras 87-89)
7. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules – Obligation to examine all the points of fact and law raised by the persons concerned – None (Art. 253 EC) (see para. 103)
9. Competition – Fines – Amount – Determination – Legal context – Guidelines adopted by the Commission – Discretion of the Commission – Judicial review – Unlimited jurisdiction of the General Court (Art. 261 TFEU, Council Regulation No 1/2003, Art. 31) (see para. 120)
10. Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances – Elements to be taken into consideration (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03, Section 3) (see para. 171)
Re:
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).
Operative part
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.