UPDATE:EU Court Cuts ADM's Citric Acid Cartel Fine To EUR29.4 Million
July 09 2009 - 5:27AM
Dow Jones News
U.S. agriculture giant Archer Daniels Midlands Co.'s (ADM)
EUR39.69 million fine imposed by the European Commission for
price-fixing was reduced to EUR29.4 million Thursday.
The European Court of Justice, Europe's top court, ruled that
ADM should not have been classified as a leader in the cartel on
the citric acid market.
ADM was part of a group of companies found in 2001 to have
formed a price-fixing and market-sharing cartel in citric acid. The
commission, Europe's regulator and executive, fined these companies
a total of EUR135.22 million. ADM faced an individual fine of
EUR39.69 million, which was arrived at by adding35% to the original
fine amount for being a leader of the cartel.
Citric acid is a widespread preservative used mainly in food
such as jams, jellies and tinned fruit. It is also used in
household detergent products as a substitute for environmentally
harmful phosphates.
Thursday's ruling follows a legal opinion issued by Advocate
General Paolo Mengozzi, who said in November that the commission
hadn't proved that ADM was the leader of the cartel.
ADM challenged the commission finding before Europe's lower
court, the Court of First Instance. The CFI dismissed ADM's action
for the most part and left the fine unchanged.
ADM has been fined by the commission several times over the last
decade for participating in cartels, including a a fine of EUR47.3
million in 2003 for being part of an amino acid cartel.
-By Mike Gordon, Dow Jones Newswires; +352 691 180 766;
mgordon.dowjones@gmail.com