Form 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
For the month of: December 2003
SGL CARBON Aktiengesellschaft
(Name of registrant)
Rheingaustrasse 182
65203 Wiesbaden
Germany
(Address of Principal Executive Offices)
Indicate by check mark whether the registrant files or will file annual reports
under cover of Form 20-F or Form 40-F:
Form 20-F X Form 40-F
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Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the SEC
pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934:
Yes No X
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If "Yes" is marked, indicate the file number assigned to the registrant in
connection with Rule 12g3-2(b): N/A
Exhibit Index
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1. Press Release issued December 3, 2003 regarding EU Commission fine.
European Commission decides on peripheral activity "Electrical and
Mechanical Carbon and Graphite Products"
o Comparatively lower fine of 23.6(euro)m
o Company considers appeal due to disproportionality
WIESBADEN, December 03, 2003. Within the context of the well-known antitrust
investigations into the graphite industry since 1997, the European Commission
today issued its decision against graphite industry companies in the so called
"electrical and mechanical carbon and graphite products", an area of Graphite
Specialties which, however, has only peripheral importance for SGL Carbon. The
fine levied against SGL Carbon of 23.6 (euro)m was relatively lower than those
levied against other companies.
SGL Carbon, however, rates the absolute amount of the fine as disproportionate
and excessive and therefore considers to appeal to the European Court in this
case as well.
The decision relates to investigations of cases dating back to the 90ies which
have been continuously reported by the Company. In contrast to the United
States, where all antitrust issues were resolved in a single step already at the
end of the 90ies, the EU Commission broke up the investigations into individual
cases and has been handling them consecutively resulting in this time delay up
to today.
In its reports for the first 6 and 9 months of 2003, SGL Carbon had said already
, that statement of objections in the area of Graphite Specialties had been
received from the EU Commission and that a final decision is expected still in
2003.
SGL Carbon has appealed against the previous fines of 80.2 (euro)m and 27.75
(euro)m to the European Court. A court ruling for the first case is expected
during the first half of 2004.
SGL CARBON AG
Corporate Communications, Media Relations
Rheingaustrasse 182, D-65203 Wiesbaden
Tel.: +49 (6 11) 60 29-100, Fax: +49 (6 11) 60 29-101
E-Mail: cpc@sglcarbon.de, Internet: www.sglcarbon.de
Important Notice:
This document contains forward-looking statements. These statements reflect the
current belief of SGL Carbon's management as well as assumptions made by, and
information available to, the SGL Group. Actual future results and trends could
differ materially from those set forth in these statements due to various
factors. These factors include, among others, changes in economic, political,
technical, business and competitive conditions; unforeseeable alterations in
electric steel production; changes of interest and exchange rates; price
developments; unanticipated developments relating to recently acquired
businesses and Group companies; potential liability in connection with existing
or future regulations; unforeseen difficulties relating to the investigations by
the European antitrust authorities and to the completed investigation by the
Canadian and U.S. antitrust authorities and the civil actions related thereto;
and other risks and uncertainties, including those detailed in the Company's
filings with the U.S. Securities and Exchange Commission. SGL Carbon does not
intend to update these forward-looking statements, and does not assume any
obligation to do so.
For further information, please contact:
Corporate Communications / Media Relations / Stefan Wortmann
Tel.: +49 611 60 29 105 / Fax: +49 6 11 60 29 101 / Mobile: +49 170 540 2667
e-mail: stefan.wortmann@sglcarbon.de / Internet: www.sglcarbon.de
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of
1934, the registrant has duly caused this report to be signed on its behalf by
the undersigned, thereunto duly authorized.
SGL CARBON Aktiengesellschaft
Date: December 3, 2003 By: /s/ Robert J. Kohler
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Name: Robert J. Koehler
Title: Chairman of the Board of
Management
By: /s/ Dr. Bruno Toniolo
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Name: Dr. Bruno Toniolo
Title: Member of the Board of Management