39The Commission observes in particular that, contrary to what is required by settled case-law (see Case 25/62 Plaumann v Commission [1963] ECR 95 and Case 26/86 Deutz und Geldermann v Council [1987] ECR 941), the applicant companies are not affected by reason of certain attributes which are peculiar to them or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the person to whom the decision is addressed. The applicant companies, who were mentioned by name in the contested decision, did not take part in the proceedings before the Commission, and thus cannot be regarded as individually concerned by the decision. In this respect the Commission submits in particular that, contrary to the criteria laid down in Case 169/84 Cofaz and Others v Commission [1986] ECR 391, the applicant companies were not involved in the procedure from the outset and did not largely determine its course by their observations. Moreover, SCPA, as a shareholder in Kali-Export, is affected by the contested decision in the same way as the other member of the cartel, Coposa, while EMC cannot argue that it is individually concerned by a concentration decision on the basis that it is a shareholder of a company involved in that decision (Case T-83/92 Zunis Holding and Others v Commission [1993] ECR II-1169). Finally, the fact that EMC owns a 50% shareholding in Potacan is not sufficient for it to be regarded as individually concerned by the decision, since the commitment concerning Potacan is not in the nature of a decision.
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