Federal Court to divide a legal union cartel fine under joint and several debtors
The Federal Court has dealt with the question, criterion according to which a fine, which has imposed several companies jointly by the European Commission, to be distributed internally to the individual debtor.
The plaintiff was the sole shareholder of defendant 2, in August 2004 all the shares in the defendant 1 acquired. At this time, the defendant took workers to 1 for several months cartel agreements for the distribution of calcium in part, they from July 2005 widened in the distribution of magnesium granules. As of November 2006 the applicant sold its shares in the defendant 2, until the 22. July 2007 completely eliminated.
By decision of 22. July 2009 imposed by the European Commission (COMP/39.396, K(2009) 5791 final) against the plaintiff and the defendants jointly and severally a fine of 13,3 My. Euro for infringement of European competition law in the period from 22. April 2004 (Defendant 1) or. 30. August 2004 (Defendant 2 and applicant) to 16. January 2007. The plaintiff and the defendants have challenged the imposition of the fine before the Court of the European Union, which – only after the Court of Appeal decision – by judgments of 23. January 2014 (T-395/09 and T-384/09) the fine imposed on the applicant 12,3 My. Euro has reduced and dismissed the actions for annulment of the parties, moreover,. However, only the defendants have appealed to the Court of Justice of the European Union (C-154/14 P) inlaid. Further