NameBhagwant kaur (4302346) Woodpulp producers (European Commission and European Court of Justice) case-89/85 1) A description of the forum and theapplicable dispute resolution process (0.5- 1 page)Answer: Wood pulp case is against thewood pulp producer (main 40 wood pulp producers and three main tradeassociation were involved) for violating the Article 85(1) of treaty of Rome byfixing the price mutually. This action interfere the competition law ofEuropean community (EC). This case was taken place at European commission andEuropean court of Justice.There were many defendant, applicantand intervener involved:Plaintiff: commission ofEuropean community.Defendant: Bowaterincorporated(USA), The pulp, paper and paperboard Export association of unitedstates, St Anne-Nackawic pulp and paper company Limited (Canada) .
Wester TimberLimited, Weldwood of Canada limited and many more.Intervener: United Kingdomand Northern Ireland.Disputeresolution process: when 40 producers of bleached sulphatewood pulp were alleged on fixing price and were fined by European Commission onDecember 19, 1984. Then they all appealed to European Court of Justice to annulthe decision of European commission.
The most of producers who appealed werefrom Canada, The United States of America, Sweden and Finland.Then European Court of Justice reviewsthe decision of The European commission and also voids the decision of EC. Todeal with issue on fixing price, the court appointed experts to obtain thereport on parallelism of prices and also analyze what characteristics andnatural operations should be considered for uniform Price structure. As Allwood pulp producers were mutually fixed uniform price to sale the wood pulp inthe international market.After completion of reports, Courtasked to both European Commission and Applicants parties to submit theirjustifications on their own actions.
Followings are the main matters thatwere discussed during the Court procedure:1. Infringement(breaking law) relating tofixing the pricesInfringementrelating to fixing the price against the announced prices2. KEA issue was discussed as the membersof KEA were found in fixing prices. 3. The issue relating to Canadianapplicant St Anne, Wester was charged with selling the wood pulp prohibiting buyersfrom exporting and reselling.
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4. EC charged all producers fines, werediscussed.
