INTERNATIONAL ECONOMIC LAW

Archer Daniels Midland Co vs. Commission of the European Communities

Archer Daniels Midland Co vs. Commission of the European Communities

Introduction

The purpose of this paper is to elaborate the case of Archer Daniels Midland Co against the Commission of European communities. The aims of this paper are to enlighten the case, analyze the facts and figures of the case, analyze the decision of the court and draw the conclusion of the scenario. In the light of the Article 44 the standards and rules of the application initiated by the court must have a brief plan that pertain the appeals which are recorded in form of litigation. This brief plan should be concrete and clear to facilitate the defending party to arrange the statements through which it can defend itself; particularly without any additional information. In court the request presented should identify the scenario or the proofs supporting the plea; in addition, the meagre declaration of the associated proofs is not up to the mark to the rules of procedure set by the court.

The authority of the commission related to the obligated fines on activities that unintentionally or intentionally disobey the Article 81(1) EC or Article 82 EC provisions that pertain to the Commission to facilitate the procedure and the chores related to supervision delegated by Community law. The duty to investigate and punishment of individual infringements are related to this activity; in addition, the duty to pursue a general policy is also designed to apply. The power of the commission can be realized from this scenario as it has authority to decide the level of fines so in order to strengthen their prevention effect in the scenarios related to infringements; however, community competition policy is still relatively recurrent on basis of the profit that can be derived from certain undertakings.

Discussion and Analysis

Facts of the Case

Daniels Midland Company (hereinafter ADM Company) was the claimant in this case and the case was related to the operations of the organization in the cereals and oil seed processing sector of European subsidiary that were controlled and executed by Archer Daniels Midland Ingredients Ltd. In this process the main ingredient used was lysine for the purpose of feeding in animals. This ingredient known as the synthetic lysine was utilized in the feeding and it was analyzed that such products contain is used as an additive in feedstuffs, such as cereals, which contain inadequate natural lysine; this amount of the lysine included in the product allows the nutritionists to construct the diet plans related to protein; this activity is planned to fulfil the diet need of animals. The feeding process containing lysine also acts as a substitute for other type of feeding that are rich with natural lysine.

The Commission conducted a research in the year 1997 the area of interest in this investigation was ADM Corporation and Kyowa Europe as reflected by Council Regulation No 17 of 6 February 1962 in Article 14(3). There was essential information provided to The Commission on the basis of such ...