Antitrust & Trade Regulation Update (June 2007)

The Court of First Instance (CFI) has upheld the European Commission’s decision against members of a carbonless paper price-fixing cartel, but reduced the fines imposed by the Commission on two cartel members. Carbonless paper, otherwise known as self-copying paper, is used to create duplicate documents. In December 2001, the Commission ruled that 11 producers of carbonless paper had conspired to fix prices and share markets between 1992 and 1995. The Commission imposed fines on all but one cartel member – which was granted full immunity under the Commission’s Leniency Program – totaling over €313 million. Subsequently, the companies brought actions against that decision before the CFI, seeking an annulment or, in the alternative, reduced fines.