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Document 62006TA0208

Case T-208/06: Judgment of the General Court of 30 November 2011 — Quinn Barlo and Others v European Commission (Competition — Agreements, decisions and concerted practices — Market for methacrylates — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Concept of single infringement — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances)

OJ C 25, 28.1.2012, p. 46–46 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

28.1.2012   

EN

Official Journal of the European Union

C 25/46


Judgment of the General Court of 30 November 2011 — Quinn Barlo and Others v European Commission

(Case T-208/06) (1)

(Competition - Agreements, decisions and concerted practices - Market for methacrylates - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Concept of single infringement - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances)

(2012/C 25/86)

Language of the case: English

Parties

Applicants: Quinn Barlo Ltd (Cavan, Ireland); Quinn Plastics NV (Geel, Belgium); and Quinn Plastics GmbH (Mayence, Germany) (represented by: W. Blau, F. Wijckmans and F. Tuytschaever, lawyers)

Defendant: European Commission (represented initially by V. Bottka and S. Noë, and subsequently by V. Bottka and N. Khan, acting as Agents)

Re:

Application for annulment of Articles 1 and 2 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) in so far as it relates to the applicants and, in the alternative, application for annulment of Article 2 of that decision in so far as it imposes a fine on the applicants or, in the further alternative, application for a reduction in that fine

Operative part of the judgment

The Court:

1.

Annuls Article 1 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), first, in so far as it finds that Quinn Barlo Ltd, Quinn Plastics NV and Quinn Plastics GmbH infringed Article 81 EC and Article 53 of the EEA Agreement (EEA) by participating in a complex of concerted agreements and practices, not only in respect of polymethyl-methacrylate solid sheet, but also polymethyl-methacrylate moulding compounds and polymethyl-methacrylate sanitary ware and, second, in so far as it holds those companies liable for their participation in the cartel from 1 November 1998 to 23 February 2000;

2.

Sets the amount of the fine for which Quinn Barlo, Quinn Plastics NV and Quinn Plastics GmbH are jointly and severally liable under Article 2 of Decision C(2006) 2098 final at EUR 8 250 000;

3.

Dismisses the action as to the remainder;

4.

Orders Quinn Barlo, Quinn Plastics NV and Quinn Plastics GmbH to bear 60 % of their own costs and to pay 60 % of the costs incurred by the European Commission;

5.

Orders the Commission to bear 40 % of its own costs and to pay 40 % of the costs incurred by Quinn Barlo, Quinn Plastics NV and Quinn Plastics GmbH.


(1)  OJ C 224, 16.9.2006.


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