Solvay v Commission (Judgment of the Court) [2013] EUECJ C-455/11 (05 December 2013)

Solvay v Commission (Judgment of the Court) [2013] EUECJ C-455/11 (05 December 2013)

The General Court did not err in law in upholding the Commission's findings regarding Solvay's participation in a concerted practice, correctly applied the Leniency Notice, and provided adequate reasoning. The appeal and cross-appeal are dismissed as none of the grounds raised can be upheld.

Citation
[2013] EUECJ C-455/11
Parties
Appellant: Solvay SA; Respondent/cross Appellant: European Commission; Interested Party: Arkema SA
Jurisdiction
European Union
Judgment Date
05 December 2013
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Cartels, Leniency Policy, Fines, Concerted Practices, Agreements, Principle of Equal Treatment
Competition Law European Union Law Cartels Leniency Policy Fines Concerted Practices Agreements Principle of Equal Treatment

Case Brief

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Parties

Solvay SA

Appellant

European Commission

Respondent/cross Appellant

Arkema SA

Interested Party

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Solvay participated in an infringement of Article 81 EC between May 1995 and August 1997
  2. 2 Whether the evidence provided by Arkema and Solvay satisfied the requirements of the Leniency Notice
  3. 3 Whether the General Court erred in categorising conduct as 'agreement' or 'concerted practice'

Ratio Decidendi

The General Court did not err in law in upholding the Commission's findings regarding Solvay's participation in a concerted practice, correctly applied the Leniency Notice, and provided adequate reasoning. The appeal and cross-appeal are dismissed as none of the grounds raised can be upheld.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Solvay's appeal dismissed
  • Commission's cross-appeal dismissed