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Case T-763/15: Judgment of the General Court of 12 July 2019 — Sony Optiarc and Sony Optiarc America v Commission (Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Infringement by object — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines)

ECLI:EU:UNKNOWN:62015TA0763

62015TA0763

July 12, 2019
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Official Journal of the European Union

C 305/34

(Case T-763/15) (<span class="super note-tag">1</span>)

(Competition - Agreements, decisions and concerted practices - Market for optical disk drives - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers - Infringement by object - Rights of the defence - Obligation to state reasons - Principle of good administration - Fines - Single and continuous infringement - 2006 Guidelines on the method of setting fines)

(2019/C 305/40)

Language of the case: English

Parties

Applicants: Sony Optiarc, Inc. (Atsugi, Japan) and Sony Optiarc America, Inc. (San Jose, United States) (represented by: R. Snelders, lawyer, N. Levy and E. Kelly, Solicitors)

Defendant: European Commission (represented initially by: M. Farley, A. Biolan, C. Giolito, F. van Schaik and L. Wildpanner, and subsequently by M. Farley, F. van Schaik, L. Wildpanner and A. Dawes, acting as Agents)

Re:

Action under Article 263 TFEU seeking, principally, annulment in part of Commission Decision C(2015) 7135 final of 21 October 2015 final relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39639 — Optical disk drives), or, in the alternative, a reduction of the amount of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Sony Optiarc, Inc. and Sony Optiarc America, Inc. to bear their own costs and pay the costs incurred by the European Commission.

(<span class="note">1</span>) OJ C 98, 14.3.2016.

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