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Competition Law

Analysis - debate - current awareness

26 OCT 2011

General Court judgments in appeals against the sodium chlorate cartel decision

On 25 October 2011 the General Court handed down its judgments in the appeals by Aragonesas and its parent company Uralita against the Commission decision in the sodium chlorate cartel.

In relation to Aragonesas, the Court found that most of the evidence adduced by the Commission was “unreliable and excessively sporadic and fragmented”.  The Court found that the Commission had sufficiently proven that Aragonesas participated in the cartel during 1998 but upheld Aragonesas’s claim (and annulled the Commission’s decision) in so far as it found that Aragonesas participated in the infringement on dates prior to, and following, 1998.  The Court therefore found that the Commission also erred in calculating the fine in so far as concerns the duration of the infringement.

In relation to Uralita, the General Court dismissed its appeal based on succession and parental liability.

http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-10/cp110117en.pdf

Claire Brinn

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