Judgments of the Court of First Instance of 8 July 2008 in Cases T-50/03, T-52/03, T-53/03 and T-54/03 Saint-Gobain Gyproc, Lafarge, BPB and Knauf v Commission

In 2002, the Commission imposed fines on several undertakings for their participation in a cartel in the plasterboard market. The Court of First Instance (CFI) has upheld the fines imposed by the Commission but has reduced the fine imposed on BPB. The CFI considered that the reduction in the fine granted by the Commission for the cooperation of the undertaking was not sufficient inasmuch as the latter was able to provide additional evidence confirming the existence of the cartel. BPB was in fact the first participant in the anticompetitive practice to disclose, after the Commission's request for information but in a way that went beyond what was requested, detailed information about certain meetings between the four undertakings. As a consequence, that evidence was able to strengthen, to a considerable degree, the Commission’s arguments relating to the existence of an overall plan, thus making it possible to increase substantially the amount of the fines in respect of the gravity of the infringement. The Court of First Instance granted BPB an additional reduction of 10% of the amount of the fine, over and above the 30% already granted by the Commission.

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