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Case T-13/03: Judgment of the Court of First Instance of 30 April 2009 — Nintendo and Nintendo of Europe v Commission (Competition — Agreements, decisions and concerted practices — Market for Nintendo video games consoles and games cartridges — Decision finding an infringement of Article 81 EC — Limitation of parallel exports — Fines — Deterrent effect — Duration of the infringement — Aggravating circumstances — Role of leader or instigator — Attenuating circumstances — Cooperation during the administrative procedure)
ECLI:EU:UNKNOWN:62003TA0013
62003TA0013
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Official Journal of the European Union
(Case T-13/03)
(Competition - Agreements, decisions and concerted practices - Market for Nintendo video games consoles and games cartridges - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Fines - Deterrent effect - Duration of the infringement - Aggravating circumstances - Role of leader or instigator - Attenuating circumstances - Cooperation during the administrative procedure)
2009/C 141/75
Language of the case: English
Parties
Applicants: Nintendo Co., Ltd (Kyoto, Japan) and Nintendo of Europe GmbH (Grossostheim, Germany) (represented by: I. Forrester QC, J. Pheasant, M. Powell, C. Kennedy-Loest, Solicitors and J. Killick, Barrister)
Defendant: Commission of the European Communities (represented initially by O. Beynet and A. Whelan, and subsequently by X. Lewis and O. Beynet, Agents)
Re:
Application for cancellation or reduction of the amount of the fine imposed on the applicants by Article 3, first indent, of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33).
Operative part of the judgment
The Court:
1.Sets the amount of the fine imposed on Nintendo Co., Ltd and Nintendo of Europe GmbH at EUR 119,2425 million;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
* * *
(1) OJ C 70, 22.3.2003.