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Case T-181/22: Judgment of the General Court of 2 October 2024 – Pharol v Commission (Competition – Agreements, decisions and concerted practices – Portuguese and Spanish telecommunications markets – Non-compete clause with respect to the Iberian market inserted in the contract for the acquisition by Telefónica of Portugal Telecom’s share in the Brazilian mobile telephone operator Vivo – Annulment in part of the initial decision – Decision amending the amount of the fine – Res judicata – Non-adoption of a supplementary statement of objections – Determination of the value of sales – Exclusion of sales of services for which the parties are not in potential competition)
ECLI:EU:UNKNOWN:62022TA0181
62022TA0181
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Official Journal of the European Union
C series
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C/2024/6929
25.11.2024
(Case T-181/22)
(Competition - Agreements, decisions and concerted practices - Portuguese and Spanish telecommunications markets - Non-compete clause with respect to the Iberian market inserted in the contract for the acquisition by Telefónica of Portugal Telecom’s share in the Brazilian mobile telephone operator Vivo - Annulment in part of the initial decision - Decision amending the amount of the fine - Res judicata - Non-adoption of a supplementary statement of objections - Determination of the value of sales - Exclusion of sales of services for which the parties are not in potential competition)
(C/2024/6929)
Language of the case: Portuguese
Applicant: Pharol, SGPS SA (Lisbon, Portugal) (represented by: N. Mimoso Ruiz and R. Prates, lawyers)
Defendant: European Commission (represented by: P. Caro de Sousa, C. Urraca Caviedes and C. Zois, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment in part of Commission Decision C(2022) 324 final of 25 January 2022 amending Decision C(2013) 306 final of 23 January 2013 relating to a proceeding under Article 101 TFEU (Case AT.39839 – Telefónica and Portugal Telecom) and, in the alternative, the reduction of the amount of the fine imposed on it in the contested decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Pharol, SGPS SA to pay the costs.
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Language of the case: Portuguese
ELI: http://data.europa.eu/eli/C/2024/6929/oj
ISSN 1977-091X (electronic edition)
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