On 12 December 2014, the General Court of the European Union rejected (partially in one case) the appeals brought by Hansen & Rosenthal, Tudapetrol, ChemPharm, ENI and Repsol against the Commission decision of 1 October 2008. The Commission fined, on that occasion, nine wax producers for price fixing and market sharing and imposed a total of € 676.011.400 fines.
Five of those nine undertakings has pleaded infringement and misapplication of Article 101 TFEU by the Commission, especially with regard to the calculation of the fine.
The GC has rejected all arguments brought by the appellants related to the substantive issues of the case. With regard to Eni’s plea, the GC also held that the Commission was not entitled to find that ENI’s recidivism constituted an aggravating circumstance and therefore reduced ENI’s fine of the correspondent amount.
The judgements are available here:
Hansen & Rosenthal judgment >
Tudapetrol judgment >
ChemPharm judgment >
ENI judgment >
Repsol judgment >
Source: Curia
Author: Claudio Lombardi
http://clombardi Claudio Lombardi is editor-in-chief of the Antitrust Observatory. He is a postdoctoral research fellow at the Max Planck Institute for Comparative and International Private Law and at the Europa-Kolleg Institute for European Integration, Hamburg. Claudio is also a visiting lecturer at the International University College of Turin (IUC). Before joining the Max-Planck, Claudio was a research fellow at the Higher School of Economics and Skolkovo Institute for Law and Development, Moscow, where he worked, with Prof. Ioannis Lianos (UCL), on a project on competition law and policy in the global food value chain, involving the cooperation of numerous national and international institutions. Prior to joining the Institute, he was a PhD student (competition law) and tutor (in private law) at the University of Trento and a Max-Planck Institute guest researcher (MPRIV – Hamburg). Claudio was also awarded a DAAD Grant of the Europa-Kolleg Institute of Hamburg in 2013 and an Erasmus Mundus Scholarship for doctoral researchers in 2012.
You can write him at clombardi27 at gmail.com
On 12 December 2014, the General Court of the European Union rejected (partially in one case) the appeals brought by Hansen & Rosenthal, Tudapetrol, ChemPharm, ENI and Repsol against the Commission decision of 1 October 2008. The Commission fined, on that occasion, nine wax producers for price fixing and market sharing and imposed a total of € 676.011.400 fines.
