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Case T-342/18: Judgment of the General Court of 29 September 2021 — Nichicon 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 — Restriction of competition by object — Statement of objections — Point 13 of the 2006 Guidelines on the method of setting fines — Value of sales — Obligation to state reasons — Proportionality — Equal treatment — Single and continuous infringement — Gravity of the infringement — Public distancing — Mitigating circumstances — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62018TA0342
62018TA0342
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22.11.2021
Official Journal of the European Union
C 471/34
(Case T-342/18) (*)
(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 - Restriction of competition by object - Statement of objections - Point 13 of the 2006 Guidelines on the method of setting fines - Value of sales - Obligation to state reasons - Proportionality - Equal treatment - Single and continuous infringement - Gravity of the infringement - Public distancing - Mitigating circumstances - Unlimited jurisdiction)
(2021/C 471/47)
Language of the case: English
Parties
Applicant: Nichicon Corporation (Kyoto, Japan) (represented by: A. Ablasser-Neuhuber, F. Neumayr, G. Fussenegger and H. Kühnert, lawyers)
Defendant: European Commission (represented by: B. Ernst, T. Franchoo, C. Sjödin and F. van Schaik, 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, a reduction in the amount of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Nichicon Corporation to bear its own costs and to pay those incurred by the European Commission.
(*) Language of the case: English.
OJ C 294, 20.8.2018.