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Case T-343/18: Judgment of the General Court of 29 September 2021 — Tokin v Commission (Competition — Agreements, decisions and concerted practices — Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Price coordination throughout the EEA — Statement of objections — 2006 Guidelines on the method of setting fines — Value of sales — Proportionality — Equal treatment — Gravity of the infringement — Mitigating circumstances)
ECLI:EU:UNKNOWN:62018TA0343
62018TA0343
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22.11.2021
Official Journal of the European Union
C 471/35
(Case T-343/18) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Price coordination throughout the EEA - Statement of objections - 2006 Guidelines on the method of setting fines - Value of sales - Proportionality - Equal treatment - Gravity of the infringement - Mitigating circumstances)
(2021/C 471/48)
Language of the case: English
Parties
Applicant: Tokin Corp. (Sendai, Japan) (represented by: C. Thomas, lawyer, and T. Yuen, Solicitor)
Defendant: European Commission (represented by: A. Cleenewerck de Crayencour, F. van Schaik and L. Wildpanner, acting as Agents)
Re:
Application under Article 263 TFEU for, primarily, annulment of Commission Decision C(2018) 1768 final of 21 March 2018 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.40136 — Capacitors), in so far as that decision imposes fines on the applicant, and, in the alternative, a reduction in the amount of those fines.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Tokin Corp. to bear its own costs and to pay the costs incurred by the European Commission.
(<span class="oj-super">1</span>) OJ C 294, 20.8.2018.