2002/271/EC: Commission Decision of 18 July 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement — Case COMP/E-1/36.490 — Graphite electrodes (Text with EEA relevance.)(notified under document number C(2001) 1986)

• Articles: 5

Article 1

The following undertakings have infringed the provisions of Article 81(1) of the Treaty and Article 53(1) of the EEA Agreement by participating in a complex of agreements and concerted practices in the graphite electrodes sector:

SGL Carbon AG: from May 1992 to March 1998,

UCAR International Inc.: from May 1992 to March 1998,

VAW Aluminium AG: from May 1992 until the end of 1996,

Showa Denko K.K.: from May 1992 until April 1997,

Tokai Carbon, Co. Ltd: from May 1992 to February 1998,

Nippon Carbon Co. Ltd: from May 1992 to February 1998,

SEC Corporation: from May 1992 to February 1998,

The Carbide Graphite Group Inc.: from January 1993 until November 1996.

Article 2

The undertakings referred to in Article 1 shall immediately bring to an end the infringements referred to in that Article, in so far as they have not already done so.

They shall refrain from repeating any act or conduct referred to in Article 1, and from adopting any measure having equivalent object or effect.

Article 3

For the infringements referred to in Article 1 the following fines are imposed:

(a) SGL Carbon AG: EUR 80,2 million;

(b) UCAR International Inc.: EUR 50,4 million;

(c) VAW Aluminium AG: EUR 11,6 million;

(d) Showa Denko K.K.: EUR 17,4 million;

(e) Tokai Carbon Co. Ltd: EUR 24,5 million;

(f) Nippon Carbon Co. Ltd: EUR 12,2 million;

(g) SEC Corporation: EUR 12,2 million;

(h) The Carbide Graphite Group Inc.: EUR 10,3 million.

Article 4

The fines imposed in Article 3 shall be paid, within three months of the date of notification of this Decision to the following Bank account:

Account No 642-0029000-95

European Commission

Banco Bilbao Vizcaya Argentaria (BBVA)

SWIFT Code: BBVABEBB - IBAN Code: BE 76 6420 0290 0095

Avenue des Arts, 43 B - 1040 Brussels

After expiry of that period, interest shall automatically be payable at the interest rate applied by the European Central Bank to its main refinancing operations on the first working day of the month in which this Decision is adopted, plus 3,50 percentage points, namely 8,04 %.

Article 5

This Decision is addressed to:

1. SGL Carbon AG Rheingaustraße 182 D - 65203 Wiesbaden

2. UCAR International Inc. 3102 West End Avenue, Suite 1100 Nashville, Tennessee 37203 USA

3. VAW Aluminium AG Georg-von-Boeselager Straße 25 D - 53117 Bonn

4. Showa Denko K.K. 13-9, Shiba Daimon 1 - Chome Minato-ku

Tokyo 105-8517 Japan

5. Tokai Carbon Co. Ltd Aoyama Building

2-3, Kita - Aoyama, 1 - Chome Minato-ku

Tokyo 107 Japan

6. Nippon Carbon Co. Ltd 6-1, Hatchobori, 2 - Chome Chuo-ku

Tokyo 1047-0032 Japan

7. SEC Corporation Doi Building

5, Misonomachi Amagasaki

Hyogo HY 660 Japan

8. The Carbide Graphite Group Inc. One Gateway Center, 19th Floor Pittsburgh, PA 15222-1416 USA.

This Decision shall be enforceable pursuant to Article 256 of the Treaty.

Done at Brussels, 18 July 2001.

For the Commission

Mario Monti

Member of the Commission

(1) OJ 13, 21.2.1962, p. 204/62.

(2) OJ L 148, 15.6.1999, p. 5.

(3) OJ L 354, 30.12.1998, p. 18.

(4) The square brackets marked with an asterisk denote confidential information which has been deleted from the text.

(5) All references in this Decision to numbered appendices are to the appendices to the Statement of Objections.

(6) VAW Carbon's figures for the Benelux countries are included under "Belgium", for Portugal under "Spain" and for Ireland under "UK".

(7) As declared to the Commission in response to requests for information under Article 11. The figures for some producers would appear to understate the actual position.

(8) OJ 13, 21.2.1962, p. 204/62.

(9) The case-law of the Court of Justice and Court of First Instance in relation to the interpretation of Article 81 of the Treaty applies equally to Article 53 EEA.

(10) Under Article 5 of Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area, "the Community rules giving effect to the principales set out in Articles 85 and 86 [now Articles 81 and 82] of the EC Treaty [...] shall apply mutatis mutandis".

(11) OJ C 207, 18.7.1996, p. 4.

(12) As stated above (see recitals 117 to 123), the Commission holds the parent company VAW Aluminium AG responsible for the anti-competitive behaviour of VAW Carbon GmbH, its wholly owned subsidiary.

(13) Commission's request for information pursuant to Article 11 of Regulation No 17 dated 23 May 2001.

(14) Commission's request for information pursuant to Article 11 of Regulation No 17 dated 10 May 2001.

(15) Commission's request for information pursuant to Article 11 of Regulation No 17 dated 10 May 2001.