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Joined Cases T-147/09 and T-148/09: Judgment of the General Court of 17 May 2013 — Trelleborg Industrie and Trelleborg v Commission (Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Legal certainty — Equal treatment — Fines — Gravity and duration of the infringement)

ECLI:EU:UNKNOWN:62009TA0147

62009TA0147

May 17, 2013
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29.6.2013

Official Journal of the European Union

C 189/16

(Joined Cases T-147/09 and T-148/09) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Legal certainty - Equal treatment - Fines - Gravity and duration of the infringement)

2013/C 189/30

Language of the case: English

Parties

Applicants: Trelleborg Industrie SAS (Clermont-Ferrand, France) (Case T-147/09); and Trelleborg AB (Trelleborg, Sweden) (Case T-148/09) (represented by: J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer)

Defendant: European Commission (represented by: N. Khan, V. Bottka and S. Noë, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision

Operative part of the judgment

The Court:

1.Annuls Article 1(g) and (h) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as it applies to the period from 13 May 1997 to 21 June 1999;

2.Dismisses the actions as to the remainder;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 153, 4.7.2009.

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