Judgment of the General Court (Fourth Chamber) of 15 September 2011 – Lucite International and Lucite International UK v Commission

(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

1.                     Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Gravity of the participation of each undertaking – Distinction (Council Regulation No1/2003, Art. 23; Commission Notice 98/C 9/03, Sections 1A, 2 and 3) (see paras 45-47, 52-53, 55)

2.                     Competition – Fines – Amount – Determination – Principle of equal treatment (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03) (see para. 59)

3.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines – Indication of the factors which led the Commission to assess the gravity and the duration of the infringement – Sufficient indication (Art. 253 EC; Commission Notice 98/C 9/03) (see para. 61)

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)

5.                     Competition – Fines – Amount – Determination – Guidelines adopted by the Commission – Obligation on the Commission to comply therewith – Maintenance of a significant margin of discretion for the Commission (Council Regulation No 1/2003; Commission Notice 98/C 9/03) (see paras 90-93)

6.                     Competition – Community rules – Infringements – Fines – Infringement committed intentionally or negligently – Imputability to an undertaking of the conduct of its organs – Conditions (Council Regulation No 1/2003, Art. 23(2)) (see para. 95)

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)

8.                     Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances – Conduct deviating from that agreed within the cartel – Guidelines adopted by the Commission requiring it to be taken into account (Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03, Section 3, second indent) (see para. 109)

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.