Judgment of the Court (Second Chamber) of 15 May 2014 — 1. garantovaná v Commission

(Case C‑90/13 P)

‛Appeal — Competition — Regulation (EC) No 1/2003 — Agreements, decisions and concerted practices — Calculation of the amount of the fine — Total turnover in the preceding business year’

Competition — Fines — Amount — Determination — Maximum amount — Calculation — Turnover to be taken into consideration — Turnover for the business year immediately preceding the date on which the fine was imposed — Business year characterised by the transfer of a set of assets — Use of the turnover for the immediately preceding business year — Lawfulness (Art. 101 TFEU; Council Regulation No 1/2003, Art. 23(2)) (see paras 15-18, 30-32)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 12 December 2012 in Case T‑392/09 1. garantovaná v Commission by which the General Court dismissed an action for partial annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel industry), concerning a cartel on the markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the EEA, involving price fixing, market sharing and exchange of information, and, in the alternative, for reduction of the fine imposed on the appellant — Calculation of the fine — Upper limit of 10% of turnover — Relevant turnover.

Operative part

The Court:

Judgment of the Court (Second Chamber) of 15 May 2014 — 1. garantovaná v Commission

(Case C‑90/13 P)

‛Appeal — Competition — Regulation (EC) No 1/2003 — Agreements, decisions and concerted practices — Calculation of the amount of the fine — Total turnover in the preceding business year’

Competition — Fines — Amount — Determination — Maximum amount — Calculation — Turnover to be taken into consideration — Turnover for the business year immediately preceding the date on which the fine was imposed — Business year characterised by the transfer of a set of assets — Use of the turnover for the immediately preceding business year — Lawfulness (Art. 101 TFEU; Council Regulation No 1/2003, Art. 23(2)) (see paras 15-18, 30-32)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 12 December 2012 in Case T‑392/09 1. garantovaná v Commission by which the General Court dismissed an action for partial annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel industry), concerning a cartel on the markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the EEA, involving price fixing, market sharing and exchange of information, and, in the alternative, for reduction of the fine imposed on the appellant — Calculation of the fine — Upper limit of 10% of turnover — Relevant turnover.

Operative part

The Court: