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Case T-363/18: Judgment of the General Court of 29 September 2021 — Nippon Chemi-Con Corporation 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 — Concerted practice — Exchanges of sensitive business information — Territorial jurisdiction of the Commission — Rights of the defence and right to be heard — Inalterability of the measure — Single and continuous infringement — Restriction of competition by object — 2006 Guidelines on the method of setting fines — Value of sales — Obligation to state reasons — Proportionality — Equal treatment — Gravity of the infringement — Mitigating circumstances — Point 37 of the 2006 Guidelines on the method of setting fines — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62018TA0363
62018TA0363
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22.11.2021
Official Journal of the European Union
C 471/36
(Case T-363/18) (<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 - Concerted practice - Exchanges of sensitive business information - Territorial jurisdiction of the Commission - Rights of the defence and right to be heard - Inalterability of the measure - Single and continuous infringement - Restriction of competition by object - 2006 Guidelines on the method of setting fines - Value of sales - Obligation to state reasons - Proportionality - Equal treatment - Gravity of the infringement - Mitigating circumstances - Point 37 of the 2006 Guidelines on the method of setting fines - Unlimited jurisdiction)
(2021/C 471/50)
Language of the case: English
Parties
Applicant: Nippon Chemi-Con Corporation (Tokyo, Japan) (represented by: H.-J. Niemeyer, M. Röhrig, I.-L. Stoicescu and P. Neideck, lawyers)
Defendant: European Commission (represented by: A. Cleenewerck de Crayencour, B. Ernst, T. Franchoo, C. Sjödin 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 it concerns the applicant, and, in the alternative, annulment of the fine imposed on it by that decision or a reduction in the amount of that fine.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Nippon Chemi-Con Corporation 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.