The Commission announced that it has sent a second Statement of Objections (“SO”) to ENI S.p.A.(“ENI”) and its affiliate Versalis S.p.A. (“Versalis”), previously known as Polimeri Europa S.p.A., setting out its intention to re-impose a 50% fine uplift for recidivism in the context of the synthetic rubber cartel. In 2006, the Commission imposed a fine of approximately 270 MEUR on ENI and Versalis, which included a 50 % increase of the basic amount of the fine because at the time of the synthetic rubber cartel, the same undertaking had already committed twice the same kind of infringement of EU competition rules in the Polypropylene and PVC II cartels. The 50% fine uplift was annulled by the General Court in 2011 because the Commission had not adduced sufficient evidence on that that the three infringements had been committed by one and the same undertaking. In the second SO, the Commission rectifies this procedural defect and provides full details showing that the addressees of the two previous cartel decisions, notably Anic in Polypropylene and Enichem in PVC II, belong to the same undertaking as ENI and Versalis, since ENI had a (close to) 100% ownership in those companies at the time of their involvement in the two previous cartels. In addition, the Commission provides full details showing that Versalis is the economic successor of Enichem, which in turn is the economic successor of Anic. As a result, the Commission reached the preliminary conclusion that the fine imposed on ENI and Versalis for participating in the synthetic rubber cartel should include an uplift for recidivism. Source: Commission Press Release 1/3/2013