SGL Carbon (“SGL”) was one of eight companies that operated a worldwide cartel and fixed prices in relation to graphite electrodes between 1992 and 1998. The original fine of €27.75 million, imposed by the European Commission, was reduced by the Court of First Instance in June 2005 to €18.45 million. SGL, dissatisfied with the result, took a further appeal to the European Court of Justice. Advocate-General Mazák’s opinion of 18 January 2007 (C-328/05 P) advises the Court to dismiss all six of the pleas put forward by SLG. In particular, he was dismissive of an argument that no legal action can be instigated in the EU because the matter was the subject of action in the US (for which a fine was incurred). He points out that the US action is not identical because it deals with the effects of the anti-competitive behaviour on a different geographical area