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CDC currently verifies the enforcement of damage
claims against the members of the sodium chlorate
cartel. On 11 June 2008 the European Commission
imposed fines amounting to a total of €79
million against four groups of companies, namely
-
EKA Chemicals /
Akzo Nobel,
-
Finnish Chemicals /
Erikem Luxembourg,
-
Arkema France / Elf
Aquitaine
and
-
Aragonesas
Industrias y Energia / Uralita,
for operating an illegal
cartel. Sodium chlorate is mainly used to produce
chlorine dioxide, which is used in the pulp and
paper industry as an important bleaching
agent.
According to the findings of the Commission the four
producers of sodium chlorate fixed prices,
allocated sales volumes, exchanged sensitive
commercial information and followed up the
implementation of their illegal agreements in the
period from 1994 to 2000.
The investigations were triggered
by an application for immunity under the the
Commission's leniency programme
lodged by EKA Chemicals, a subsidiary of Akzo Nobel,
in March 2003. Both companies received full immunity
from fines as they were first to cooperate with the
Commission in the uncovering of the cartel. Without
the leniency bonus a fine totalling €116 million
would have been imposed. Finnish Chemicals was
rewarded a 50% reduction of its fine because it also
made an application under the leniency programme and
co-operated with the investigation.
The fine imposed on Arkema France was increased by
90% because it had participated in three cartels
before (peroxygen products in 1984, polypropylene in
1986 and PVC in 1994).
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