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Case T-370/06: Judgment of the General Court of 27 September 2012 — Kuwait Petroleum and Others v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment — Rights of the defence)

ECLI:EU:UNKNOWN:62006TA0370

62006TA0370

September 27, 2012
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17.11.2012

Official Journal of the European Union

C 355/19

(Case T-370/06) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Fines - Cooperation during the administrative procedure - Significant added value - Equal treatment - Rights of the defence)

2012/C 355/38

Language of the case: English

Parties

Applicants: Kuwait Petroleum Corp. (Shuwaikh, Kuwait), Kuwait Petroleum International Ltd (Woking, United Kingdom) and Kuwait Petroleum (Nederland) BV (Rotterdam, Netherlands) (represented by: D. Hull, Solicitor, and G. Berrisch, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, and by L. Gyselen, lawyer)

Re:

APPLICATION, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs.

(<span class="super">1</span>) OJ C 20, 27.1.2007.

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