Joined Cases C- 93/13 Commission v Versalis and Eni and C- 123/13 Versalis and Eni v Commission (Chloroprene rubber cartel) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Joined Cases C- 93/13 Commission v Versalis and Eni and C- 123/13 Versalis and Eni v Commission (Chloroprene rubber cartel) [Archived]
  • Case facts
  • Timeline
  • Related/relevant cases

Joined Cases C- 93/13 Commission v Versalis and Eni and C- 123/13 Versalis and Eni v Commission (Chloroprene rubber cartel) [Archived]

CASE HUB (date of judgment—05/03/2015)

See further: timeline and related/relevant cases

Case facts

ARCHIVED—this archived case hub reflects the position at the date of the decision of 5 March 2015; it is no longer maintained.

OutlineAppeals brought against the judgment of the General Court upholding the Commission decision of 5 December 2007 as it relates to infringement findings against Versalis and Eni for their alleged participation in a EEA-wide chloroprene rubber cartel between 1993 and 2002 ('Chloroprene rubber cartel') but reducing to €106.2m the fine imposed jointly and severally on Eni and Versalis.

The Commission's appeal is in respect of the reduced fines ordered by the General Court. Meanwhile, Versalis and Eni (despite having been successful at reducing the level of fines imposed by the Commission) challenge (amongst other things) the General Court's findings in relation to the joint and several liability of parent companies, the attribution of liability and the level of fine imposed (and, in particular, its calculation).

On 5 March 2015, the Court of Justice dismissed the appeals in their entirety.

The matter focus on issues regarding parental liability, economic succession and recidivism.

PartiesAppellants:
• Versalis SpA (Versalis and formerly Polimeri Europa SpA)
• Eni SpA (Eni)
• European Commission

Other party:

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