Commission v Versalis and Eni (Judgment) [2015] EUECJ C-93/13 (05 March 2015)

Commission v Versalis and Eni (Judgment) [2015] EUECJ C-93/13 (05 March 2015)

The Court held that the General Court erred in law regarding the conditions for repeated infringement but that its decision to exclude the aggravating circumstance for Eni was correct on other grounds. The Court confirmed the imputation of liability to Versalis and Eni based on economic continuity and the presumption of decisive influence. The appeals by both the Commission and Versalis/Eni were dismissed, and the General Court's reduction of the fine to EUR 106,200,000 was upheld.

Citation
[2015] EUECJ C-93/13
Parties
Appellant in C 93/13 P, Respondent in C 123/13 P: European Commission; Appellant in C 123/13 P, Respondent in C 93/13 P: Versalis SpA; Appellant in C 123/13 P, Respondent in C 93/13 P: Eni SpA
Jurisdiction
European Union
Judgment Date
05 March 2015
Procedural Posture
Joined Appeals From the General Court (eu) / Court of Justice of the European Union (final Appellate Instance)
Outcome
Both appeals dismissed. Judgment of the General Court upheld.
Legal Topics
Cartels, Parent Subsidiary Liability, Fines for Antitrust Infringement, Leniency Applications, Repeated Infringement, Rights of Defence
Competition Law European Union Law Cartels Parent Subsidiary Liability Fines for Antitrust Infringement Leniency Applications Repeated Infringement Rights of Defence

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Parties

European Commission

Appellant in C 93/13 P, Respondent in C 123/13 P

Versalis SpA

Appellant in C 123/13 P, Respondent in C 93/13 P

Eni SpA

Appellant in C 123/13 P, Respondent in C 93/13 P

Procedural Posture

Joined Appeals From the General Court (eu) / Court of Justice of the European Union (final Appellate Instance)

Legal Issues

  1. 1 Whether the General Court erred in reducing the fine imposed on Versalis and Eni for cartel participation;
  2. 2 Whether the General Court erred in its application of the principles of parent-subsidiary liability and repeated infringement;
  3. 3 Whether the rights of defence were violated in the imputation of liability and aggravating circumstances;

Ratio Decidendi

The Court held that the General Court erred in law regarding the conditions for repeated infringement but that its decision to exclude the aggravating circumstance for Eni was correct on other grounds. The Court confirmed the imputation of liability to Versalis and Eni based on economic continuity and the presumption of decisive influence. The appeals by both the Commission and Versalis/Eni were dismissed, and the General Court's reduction of the fine to EUR 106,200,000 was upheld.

Court Disposition

Both appeals dismissed. Judgment of the General Court upheld.

Orders

  • The appeals are dismissed.
  • The amount of the fine imposed jointly and severally on Versalis and Eni remains EUR 106,200,000.