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Case T-59/22: Judgment of the General Court of 4 September 2024 – Conserve Italia and Conserves France v Commission (Competition – Agreements, decisions and concerted practices – Market for canned vegetables – Decision finding an infringement of Article 101 TFEU – Gravity and duration of the infringement – Fine – Basic amount – Additional amount for deterrence – Legal upper limit of the fine – Concept of an undertaking – Concept of an association of undertakings – Relevant turnover – Article 23(2) of Regulation (EC) No 1/2003 – 2006 Guidelines on the method of setting fines)
ECLI:EU:UNKNOWN:62022TA0059
62022TA0059
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Official Journal of the European Union
C series
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C/2024/6085
21.10.2024
(Case T-59/22)
(Competition - Agreements, decisions and concerted practices - Market for canned vegetables - Decision finding an infringement of Article 101 TFEU - Gravity and duration of the infringement - Fine - Basic amount - Additional amount for deterrence - Legal upper limit of the fine - Concept of an ‘undertaking’ - Concept of an ‘association of undertakings’ - Relevant turnover - Article 23(2) of Regulation (EC) No 1/2003 - 2006 Guidelines on the method of setting fines)
(C/2024/6085)
Language of the case: Italian
Parties
Applicants: Conserve Italia – Consorzio Italiano fra cooperative agricole Soc. coop. agr. (San Lazzaro di Savena, Italy) and Conserves France (Tarascon, France) (represented by: L. Di Via, M. Petite, L. Tresoldi and E. Belli, lawyers)
Defendant: European Commission (represented by: S. Baches Opi and C. Sjödin, acting as Agents)
Re:
By their action, brought on the basis of the fourth paragraph of Article 263 TFEU, the applicants seek the annulment in part of Commission Decision C(2021) 8259 final of 19 November 2021 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.40127 – Canned vegetables), as well as a reduction in the amount of the fine imposed in Article 2 of that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Conserve Italia – Consorzio Italiano fra cooperative agricole Soc. coop. agr. and Conserves France to pay the costs, including those relating to the proceedings for interim relief.
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(1)
OJ C 148, 4.4.2022.
ELI: http://data.europa.eu/eli/C/2024/6085/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: Italian.