In a decision handed down on 11 July 2014, the General Court of the European Union (GC) ruled that the European Commission’s fine imposed on Sasol for its participation in the candle wax cartel was excessive.
In particular, according to the Court, the Commission had wrongly held Sasol solely liable for the conduct of Schümann Sasol, the undertaking directly involved in the cartel, for the period preceding 1 July 2002. Prior to this date, Schümann Sasol had been a joint venture between Sasol and another company. According to the Court, the Commission failed to prove that Sasol had solely exercised decisive influence over the undertaking concerned before 1 July 2002. The Court agreed with the arguments put forward by Gleiss Lutz in this regard and reduced the fine by more than 50 percent to EUR 149.9 million. This is one of the most significant fine reductions granted in recent years.
On 21 October 2008, the European Commission had imposed a fine of EUR 318.2 million on Sasol and its subsidiaries. Sasol had applied for leniency in relation to its participation in the candle wax cartel and cooperated extensively with the Commission. Sasol therefore obtained a 50% reduction in the fine imposed. Nonetheless, Sasol had been given the highest fine of all companies involved in the cartel. In December 2008, Sasol had therefore appealed against the fine decision handed down by the Commission. The Court partially upheld the appeal on 11 July 2014.
Sasol was represented by Dr. Wolfgang Bosch (partner, Frankfurt), Dr. Ulrich Denzel (partner, Stuttgart) and Christian v. Köckritz (Brussels).
Dr. Wolfgang Bosch and Dr. Ulrich Denzel had already represented Sasol in the cartel proceedings before the European Commission.
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