Fining guidelines - Leniency: AG Geelhoed clarifies the concept of spontaneous cooperation and on the duty to answer to requests for documents (Graphite Electrodes)

In the graphite electrodes case, commented on in this review (Concurrences , n° 1-2004, Chronique Ententes, p. 51), Advocate General Geelhoed delivered two Opinion on 19 January 2006 in the two appeals before the Court, the first brought by the European Commission (Case C-301/04P) and the second by SGL Carbon AG (Case C-308/04P). He suggests dismissing the second appeal in its entirety and upholding the first, thereby agreeing with the Commission. It should be pointed out in passing that an abridged