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Case C-511/11 P: Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission (Appeals — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement)
ECLI:EU:UNKNOWN:62011CA0511
62011CA0511
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Official Journal of the European Union
C 225/12
(Case C-511/11 P) (<span class="super">1</span>)
(Appeals - Agreements, decisions and concerted practices - Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation - Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information - Evidence - Attributability of unlawful conduct - Amount of the fine - Gravity and duration of the infringement - Aggravating circumstance - Repeated infringement)
2013/C 225/18
Language of the case: Italian
Parties
Appellant: Versalis SpA, formerly Polimeri Europa SpA (represented by: M. Siragusa, F. Moretti and L. Nascimbene, avvocati)
Other party to the proceedings: European Commission (represented by: V. Di Bucci, L. Malferrari and G. Conte)
Re:
Appeal against the judgment of the General Court (First Chamber) of 13 July 2011 in Case T-59/05 Polimeri Europa v Commission by which that court dismissed the application for annulment of Commission Decision C(2006) 5700 of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 — butadiene rubber and emulsion styrene-butadiene rubber) or, in the alternative, the annulment or reduction of the fine imposed on Polimeri Europa SpA — Infringement of the rights of the defence — Imputability of the infringement — Failure to state reasons
Operative part of the judgment
The Court:
1.Dismisses the main appeal and the cross-appeal;
2.Orders Versalis SpA to pay the costs of the main appeal;
3.Orders the European Commission to pay the costs of the cross-appeal.
(<span class="super">1</span>) OJ C 340, 19.11.2011.