Stibbe advises AkzoNobel in two applications for annulment brought by AkzoNobel in relation to the European Commission's decision in the heat stabilisers cartel.
In the first case, AkzoNobel challenged the decision of the European Commission in 2009 fining several undertakings for their involvement in two infringements in the heat stabilisers sector (the "2009 Decision"). AkzoNobel's application for annulment was partially granted and the fines imposed on several legal entities of the AkzoNobel group were annulled. In addition, a 1% reduction was applied to the remainder of the fines in view of the excessive duration of the proceedings.
In the second case, the application for annulment was brought against a decision of European Commission in 2011 that repealed the 2009 Decision vis-à-vis Elementis, another undertaking involved in the infringements, and required AkzoNobel to pay the total amount of the fine for which it was jointly and severally liable with Elementis. The General Court ruled that the European Commission breached AkzoNobel's rights of defence and annulled this amending decision in its entirety.