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Case C-286/13 P: Judgment of the Court (Second Chamber) of 19 March 2015 — Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Obligation to state reasons — Belated statement of reasons — Belated submission of evidence — Rights of defence — Principle of equality of arms — Principles governing the establishment of the facts — Distortion of the facts — Assessment of the evidence — Market structure — Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object — Burden of proof — Calculation of the fine — Whether sales made by subsidiaries not involved in the infringement are to be taken into account — Sales of the same bananas counted twice)
ECLI:EU:UNKNOWN:62013CA0286
62013CA0286
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Valentina R., lawyer
11.5.2015
Official Journal of the European Union
C 155/3
(Case C-286/13 P) (<span class="super">1</span>)
((Appeals - Competition - Agreements, decisions and concerted practices - European banana market - Coordination in the setting of quotation prices - Obligation to state reasons - Belated statement of reasons - Belated submission of evidence - Rights of defence - Principle of equality of arms - Principles governing the establishment of the facts - Distortion of the facts - Assessment of the evidence - Market structure - Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object - Burden of proof - Calculation of the fine - Whether sales made by subsidiaries not involved in the infringement are to be taken into account - Sales of the same bananas counted twice))
(2015/C 155/03)
Language of the case: English
Parties
Appellants: Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG (represented by: J.-F. Bellis, lawyer)
Other party to the proceedings: European Commission (represented by: M. Kellerbauer and P. Van Nuffel, acting as Agents)
Operative part of the judgment
The Court:
1)Dismisses the appeal;
2)Orders Dole Food Company, Inc., and Dole Fresh Fruit Europe, formerly Dole Germany OHG, to bear the costs jointly and severally.
(<span class="super">1</span>) OJ C 252, 31.8.2013.