Commission fines producers and traders of synthetic rubber EUR 519 million for price fixing cartel
The investigation was prompted by applications for leniency lodged by Bayer in December 2002 and January 2003, under the 2002 Leniency Notice. In March 2003, the Commission carried out an unannounced inspection at Dow, which subsequently applied for leniency. Bayer received full immunity from fines under the Commission's leniency programme, as it was the first company to come forward with information about the cartel.
The cartel Decision is based on numerous documents, corporate statements and witness interviews provided by the leniency applicants, together with meetings notes discovered by the Commission during the on-site inspection. The cartel agreements were made before or after the official meetings concerning BR and ESBR of the European Synthetic Rubber Association (ESRA). The cartel meetings took place in various cities (Milan, Vienna, Amsterdam, Prague and London, among others). During these meetings the participants agreed prices and exchanged information on key customers and the amounts of synthetic rubber supplied to them.
The statements from Bayer were to a large extent confirmed by the statements given by Dow. At a later stage, Shell also admitted to having participated in the cartel.
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