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Case T-543/08: Judgment of the General Court of 11 July 2014 — RWE and RWE Dea 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 — Liability of a parent company for the infringements of the competition rules committed by its subsidiary and by a joint venture owned in part by it — Decisive influence exercised by the parent company — Presumption where the parent company holds 100 % of the shares — Succession of undertakings — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62008TA0543
62008TA0543
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Official Journal of the European Union
C 292/25
(Case T-543/08) (<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 - Liability of a parent company for the infringements of the competition rules committed by its subsidiary and by a joint venture owned in part by it - Decisive influence exercised by the parent company - Presumption where the parent company holds 100 % of the shares - Succession of undertakings - Proportionality - Equal treatment - 2006 Guidelines on the method of setting fines - Unlimited jurisdiction))
2014/C 292/30
Language of the case: German
Parties
Applicants: RWE AG (Essen, Germany); and RWE Dea AG (Hamburg, Germany) (represented by: C. Stadler, M. Röhrig and S. Budde, lawyers)
Defendant: European Commission (represented by: A. Antoniadis and R. Sauer, Agents)
Re:
Application, primarily, for annulment of Articles 1 and 2 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), in so far as it concerns the applicants, and, in the alternative, for the reduction of the fine imposed on them.
Operative part of the judgment
The Court:
1.Annuls Article 1 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) in so far as the European Commission found therein that RWE AG and RWE Dea AG had participated in the infringement after 2 January 2002;
2.Sets the amount of the fine imposed on RWE and RWE Dea at EUR 3 588 562;
3.Dismisses the action as to the remainder;
4.Orders the Commission to bear one fifth of its own costs and to pay one fifth of the costs incurred by RWE and RWE Dea. RWE and RWE Dea shall bear four fifths of their own costs and pay four fifths of the Commission’s costs.
(<span class="super">1</span>) OJ C 55, 7.3.2009.