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Case C-155/14 P: Judgment of the Court (Fifth Chamber) of 16 June 2016 — Evonik Degussa GmbH, AlzChem AG, formerly AlzChem Trostberg GmbH v European Commission (Appeal — Competition — Article 81 EC — Agreements, decisions and concerted practices — Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area — Price fixing, market sharing and exchange of information — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company over its subsidiary — Rebuttable presumption in the case of a 100 % shareholding — Condition for the rebuttal of that presumption — Disregard of an express instruction)
ECLI:EU:UNKNOWN:62014CA0155
62014CA0155
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22.8.2016
Official Journal of the European Union
C 305/3
(Case C-155/14 P) (<span class="super">1</span>)
((Appeal - Competition - Article 81 EC - Agreements, decisions and concerted practices - Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area - Price fixing, market sharing and exchange of information - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company over its subsidiary - Rebuttable presumption in the case of a 100 % shareholding - Condition for the rebuttal of that presumption - Disregard of an express instruction))
(2016/C 305/03)
Language of the case: German
Parties
Appellants: Evonik Degussa GmbH, AlzChem AG, formerly AlzChem Trostberg GmbH (represented by: C. Steinle and I. Bodenstein, Rechtsanwälte)
Other party to the proceedings: European Commission (represented by: G. Meessen and R. Sauer, acting as Agents, and A. Böhlke, Rechtsanwalt)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Evonik Degussa GmbH and AlzChem AG to bear their own costs and pay those of the European Commission.
(<span class="super">1</span>) OJ C 184, 16.6.2014.