Memo: Competition: Commission welcomes judgments of the Court of Justice in SGL Carbon and Showa Denko Cases (Graphite electrodes cartel)

The European Commission welcomed the judgment by the European Court of Justice on 29 June 2006 allowing the Commission’s appeal and dismissing the appeals by SGL Carbon and Showa Denko in respect of the graphite electrodes cartel, and increasing the fine on SGL Carbon. The Court upheld the Commission’s argument that a company subject to a Commission investigation must produce documents even where those documents could be used as evidence of an infringement by that company.