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.