30.7.2011

Official Journal of the European Union

C 226/23

(Case T-240/07) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Netherlands beer market - Decision finding an infringement of Article 81 EC - Proof of the infringement - Access to the file - Fines - Principle of equal treatment - Reasonable period)

2011/C 226/46

Language of the case: Dutch

Parties

Applicants: Heineken Nederland BV (Zoeterwoude, Netherlands) and Heineken NV (Amsterdam, Netherlands) (represented by: T. Ottervanger and M. de Jong, lawyers)

Defendant: European Commission (represented initially by A. Bouquet, S. Noë and A Nijenhuis, and subsequently by A. Bouquet and S. Noë, acting as Agents, and M. Slotboom, lawyer)

Re:

Application for partial annulment of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Netherlands beer market) and, in the alternative, for reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

1.Annuls Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766) in so far as the European Commission found in it that Heineken NV and Heineken Nederland BV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual customers in the on-trade segment in the Netherlands;

2.Sets the amount of the fine imposed on Heineken and Heineken Nederland in Article 3(a) of Decision C(2007) 1697 at EUR 197 985 937,5;

3.Dismisses the remainder of the action;

4.Orders Heineken and Heineken Nederland to pay two-thirds of their own costs and of those of the European Commission;

5.Orders the Commission to pay one third of its own costs and of those of Heineken and Heineken Nederland.

(<span class="super">1</span>) OJ C 211, 8.9.2007.