On 6 November 2008, Advocate General Mengozzi (the AG) gave his Opinion on an appeal brought before the European Court of Justice (ECJ) by Archer Daniels Midland Co (ADM). In 2001, the European Commission (Commission) fined ADM and four other companies a total of €135.2m for their participation in an illegal price-fixing cartel in the citric acid sector. The Commission found that between March 1991 and May 1995, the companies met regularly and allocated specific sales quotas, fixed target prices, exchanged customer information and eliminated price discounts. Furthermore, the companies took concerted action to prevent imports from China. The Court of First Instance (CFI) dismissed ADM's appeal against its fine of €36.7m in 2006. ADM lodged an appeal with the ECJ citing errors in the CFI's judgment, in particular in relation to ADM's role as a ringleader in the cartel and its assessment of the impact of the cartel on the market. The AG recommends ADM's fine to be reduced to €29.4m on the basis that insufficient evidence had been produced to demonstrate that ADM was the ringleader. The AG also raised concerns regarding the level of factual information set out in the statement of objections. He highlighted that the right of defence requires a sufficient level of information to enable the accused to be aware of the case against it. However, in other respects, the AG recommends upholding the Commission’s decision and dismissing much of the rest of the appeal, in particular with regard to the impact of the cartel on the market.