Aug 14, 2010 - GENERAL COURT. Judgment of the General Court of 25 June 2010 â Imperial. Chemical Industries v Commissi
14.8.2010
EN
Official Journal of the European Union
C 221/33
GENERAL COURT Judgment of the General Court of 25 June 2010 — Imperial Chemical Industries v Commission
2. Sets the amount of the fine imposed on Imperial Chemical Industries in Article 2 of Decision 2003/7 at EUR 8 million;
(Case T-66/01) (1) (Competition — Abuse of dominant position — Market for soda ash in the United Kingdom — Decision finding an infringement of Article 82 EC — Commission’s power to impose a fine or sanction — Reasonable time — Essential procedural requirements — Res judicata — Existence of the dominant position — Abuse of the dominant position — Effect on trade between Member States — Fine — Gravity and duration of the infringement — Mitigating circumstances) (2010/C 221/51)
3. Dismisses the action as to the remainder;
4. Orders Imperial Chemical Industries to pay four fifths of its own costs and four fifths of those incurred by the European Commission;
5. Orders the European Commission to pay one fifth of its own costs and one fifth of those incurred by Imperial Chemical Industries.
Language of the case: English Parties
(1) OJ C 150, 19.5.2001.
Applicant: Imperial Chemical Industries Ltd, formerly Imperial Chemical Industries plc (London, United Kingdom) (represented by: D. Vaughan QC, D. Anderson QC and S. Lee, Barrister, and by S. Turner, S. Berwick and R. Coles, Solicitors, and then by D. Vaughan QC, S. Berwick, Solicitor, S. Lee and S. Ford, Barristers) Judgment of the General Court of 1 July 2010 — AstraZeneca v Commission Defendant: European Commission (represented by: J. Currall and P. Oliver, Agents, and by J. Flynn QC and C. West, Barrister)
Re: Application for annulment of Commission Decision 2003/7/EC of 13 December 2000 relating to a proceeding under Article 82 [EC] (Case COMP/33.133-D: Soda ash — ICI) (OJ 2003 L 10, p. 33) or, in the alternative, for cancellation or reduction of the fine imposed on the applicant.
(Case T-321/05) (1) (Competition — Abuse of dominant position — Market in anti-ulcer medicines — Decision finding an infringement of Article 82 EC — Market definition — Significant competitive constraints — Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products — Misleading representations — Deregistration of marketing authorisations — Obstacles to the marketing of generic medicinal products and to parallel imports — Fines) (2010/C 221/52) Language of the case: English Parties
Operative part of the judgment The Court:
1. Annuls Article 1 of Commission Decision 2003/7/EC of 13 December 2000 relating to a proceeding under Article 82 [EC] (Case COMP/33.133-D: Soda ash — ICI) in so far as it states that Imperial Chemical Industries Ltd infringed Article 82 EC in 1983;
Applicants: AstraZeneca AB (Södertälje, Sweden); and Astra Zeneca plc (London, United Kingdom) (represented initially by M. Brealey QC, M. Hoskins, D. Jowell, Barristers, F. Murphy, G. Sproul, I. MacCallum and C. Brown, Solicitors, and subsequently by M. Brealey, M. Hoskins, D. Jowell, F. Murphy and C. Brown, and lastly by M. Brealey, M. Hoskins, D. Jowell and F. Murphy)
Defendant: European Commission (represented initially by F. Castillo de la Torre, É. Gippini Fournier and A. Whelan, and subsequently by F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents)
