Case T- 406/09 Donau Chemie v Commission (Calcium carbide cartel) [Archived]
Case T- 406/09 Donau Chemie v Commission (Calcium carbide cartel) [Archived]

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  • Case T- 406/09 Donau Chemie v Commission (Calcium carbide cartel) [Archived]
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CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 14 May 2014; it is no longer maintained.

Case facts

Outline Appeal to the General Court seeking annulment or reduction in fines regarding the Commission's decision of 22 July 2009 finding infringements of Article 101 TFEU and Article 53 EEA and imposing a fine of €5m in relation to Donau Chemie AG's alleged participation in a calcium carbide and magnesium cartel between 2004 and 2007 ('Calcium carbide cartel').

This matter focuses primarily on the methodology for (and mechanics of) calculating a fine for infringement of the competition rules.

Parties Applicant: Donau Chemie AG (Donau Chemie)

Defendant: European Commission

Donau Chemie is an Austrian chemical company which produces calcium carbide and which, thereafter supplies calcium carbide granulates and calcium carbide powder to the gas and steel industries respectively.

 
Background Following an application for immunity lodged by Akzo Nobel under the 2002 Leniency Notice, unannounced inspections were carried out by the Commission in January 2007 at the premises of several calcium carbide and magnesium suppliers. I