On 23 January 2014, the General Court (“GC”) handed down judgments on the appeals brought by SKW Stahl-Metallurgie Holding and SKW Stahl-Metallurgie (“SKW”), Evonik Degussa (“Degussa”) and AlzChem Hart and Arques Industries (now Gigaset) against the Commission’s decision on the calcium and magnesium reagents cartel. In its decision of July 2009, the Commission imposed fines totaling approximately EUR 61 million on nine companies for participating in a price-fixing and market-sharing cartel for calcium carbide powder, calcium carbide granulates and magnesium granulates in violation of Article 101 of the Treaty on the Functioning of the European Union (“TFEU”). All the addressees of the cartel decision (other than Akzo Nobel which received full immunity from fines under the Commission’s 2002 Leniency Notice) lodged appeals with the GC to challenge the Commission’s decision. In December 2012 and December 2013, the GC dismissed the appeals of four of the appellant companies. In the most recent judgment, the GC dismissed in its entirety the appeal by SKW but reduced the fine imposed on Arques (on the grounds that the Commission had incorrectly set the multiplier to be applied for the duration of Arques’s participation in the infringement), amended the fines imposed on Degussa and AlzChem Hart (finding, inter alia, that the Commission erred in applying a multiplier for recidivism on AlzChem Hart) and ruled that the Commission had breached the principle of equal treatment by holding SKW jointly and severally liable with SKW Holding and Arques for the whole amount of the fine imposed on the latter two, but holding SKW jointly and severally liable for only a part of the fine imposed on Degussa and AlzChem. Source: General Court judgment T-384/09 – SKW Stahl-Metallurgie Holding and SKW Stahl-Metallurgie GmbH v Commission, General Court judgment T-395/09 – Gigaset v Commission and General Court judgment T-391/09 – Evonik Degussa and AlzChem Hart v Commission