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Case T-519/09: Judgment of the General Court of 21 May 2014 — Toshiba v Commission (Competition — Agreements, decisions and concerted practices — Power transformers market — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing agreement — Proof of distancing from the cartel — Restriction of competition — Effect on trade — Barriers to entry — Fines — Basic amount — Reference year — Section 18 of the 2006 Guidelines on the method of setting fines — Use of a notional market share in the EEA market)
ECLI:EU:UNKNOWN:62009TA0519
62009TA0519
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7.7.2014
Official Journal of the European Union
C 212/23
(Case T-519/09)(1)
((Competition - Agreements, decisions and concerted practices - Power transformers market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing agreement - Proof of distancing from the cartel - Restriction of competition - Effect on trade - Barriers to entry - Fines - Basic amount - Reference year - Section 18 of the 2006 Guidelines on the method of setting fines - Use of a notional market share in the EEA market))
2014/C 212/26
Language of the case: English
Parties
Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: J. MacLennan, Solicitor, A. Schulz, J. Jourdan and P. Berghe, lawyers)
Defendant: European Commission (represented initially by J. Bourke and K. Mojzesowicz, and subsequently by K. Mojzesowicz and F. Ronkes Agerbeek, acting as Agents)
Re:
Application for annulment of Commission Decision of 7 October 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.129 — Power Transformers), and, in the alternative, for a reduction in the amount of the fine imposed on the applicant in that decision.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Toshiba Corp. to pay the costs.
(1)
OJ C 51, 27.2.2010.