CASE COMMENTS: ANTICOMPETITIVE PRACTICES – ARTICLE 101 TFEU – STANDARD OF PROOF – PARENTAL LIABILITY – SUCCESSION – SODIUM CHLORATE MARKET
Standard of proof – Parental liability: The General Court significantly reduces of the duration of the infringement for a company but maintains the finding that another company shall bear joint and several liability in the sodium chlorate case (Aragonesas Industrias y Energía and Uralita)
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Trib. EU, 25 October 2011, Aragonesas Industrias y Energia v Commission, Case T-348/08, "Sodium Chlorate".
Trib. EU, 25 October 2011, Uralita v Commission, Case T-349/08 "Sodium Chlorate".
It is recalled that the Commission had imposed cumulative fines totalling 79 million on four groups of companies for agreeing for six years on sales volumes and prices of sodium chlorate, an oxidising agent mainly used to bleach paper (Commission, 11 June 2008, Case COMP/38.695). Earlier this year, the Court of First Instance dismissed the actions brought by Elf Aquitaine and Arkema France (Concurrences, n°3-2011).
The Commission also held in its decision that
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