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Case T-548/08: Judgment of the General Court of 13 September 2013 — Total v Commission (Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Principle of the legality of criminal offences and penalties — Presumption of innocence — Attributability of the unlawful conduct — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption where the parent company holds nearly 100 % of the shares)
ECLI:EU:UNKNOWN:62008TA0548
62008TA0548
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Valentina R., lawyer
26.10.2013
Official Journal of the European Union
C 313/18
(Case T-548/08) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Principle of the legality of criminal offences and penalties - Presumption of innocence - Attributability of the unlawful conduct - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company - Presumption where the parent company holds nearly 100 % of the shares)
2013/C 313/32
Language of the case: French
Parties
Applicant: Total SA (Courbevoie, France) (represented by: É. Morgan de Rivery and A. Noël-Baron, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)
Re:
Primarily, application for annulment of Commission Decision C(2008) 5476 final of 1 October 2008, relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes), and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Total SA to bear its own costs and to pay those of the European Commission.
(<span class="super">1</span>) OJ C 44, 21.2.2009.