The General Court (“GC”) handed down its judgment dismissing the appeal by Holding Solvenske elektrarne d.o.o. (“HSE”) against the European Commission's decision on the calcium and magnesium reagents cartel. In its decision of July 2009, the Commission found that the main suppliers of calcium carbide and magnesium for the steel and gas industries had violated EU competition rules by participating in a single and continuous infringement from April 2004 to January 2007. The infringement consisted of market-sharing, quota-fixing, customer allocation, price-fixing and the exchange of sensitive commercial information in several countries within the EEA. The Commission imposed a fine of EUR 9.1 million on HSE. On appeal to the GC, HSE sought the annulment of the Commission’s decision and alternatively the reduction of the fine imposed. The GC held that the Commission was correct to impute to HSE liability for the infringement committed by its subsidiary TDR because HSE exercised decisive influence over TDR and formed a single economic unit with it. Further, the GC held that the Commission did not infringe the presumption of innocence in imputing liability for TDR’s unlawful conduct to HSE although HSE was not aware of the infringement committed by its subsidiary. The issue was not whether HSE had acted intentionally or negligently, since it was not accused, in either the statement of objections or the contested decision, of having itself done anything at all. Rather, the finding that it had formed part of the same economic unit as TDR was sufficient to justify the imputation to HSE of liability for its subsidiary's unlawful conduct. Furthermore, according to the GC, the Commission had acted correctly in applying an increase to the fine imposed for deterrence purposes and in not taking into account certain mitigating circumstances claimed by HSE. Therefore, the GC dismissed the appeal in its entirety. Source: Judgment of the General Court Case T-399/09 - Holding Slovenske elektrarne d.o.o. (HSE) v European Commission, 13/12/2013