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Case T-448/07: Judgment of the General Court of 27 June 2012 — YKK and Others v Commission (Competition — Agreements, decisions and concerted practices — Markets for zip fasteners and ‘other fasteners’ , and for attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information — Single and continuous infringement — Evidence — Nature and implementation of the infringement — Real impact — Leniency Notice — Fines — Upper limit — Dissuasive effect of the fine — Equal treatment — Proportionality)
ECLI:EU:UNKNOWN:62007TA0448
62007TA0448
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11.8.2012
Official Journal of the European Union
C 243/13
(Case T-448/07) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Markets for zip fasteners and ‘other fasteners’, and for attaching machines - Decision finding an infringement of Article 81 EC - Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information - Single and continuous infringement - Evidence - Nature and implementation of the infringement - Real impact - Leniency Notice - Fines - Upper limit - Dissuasive effect of the fine - Equal treatment - Proportionality)
2012/C 243/22
Language of the case: English
Parties
Applicants: YKK Corp. (Tokyo, Japan), YKK Holding Europe BV (Sneek, Netherlands), YKK Stocko Fasteners GmbH (Wuppertal, Germany) (represented initially by H. Kaneko and C. Verannemann, lawyers, and subsequently by H. Kaneko, G. Williamson, Solicitor, and N. Green QC,
Defendant: European Commission (represented by: A. Bouquet and K. Mojzesowicz, acting as Agents)
Re:
Application for, primarily, annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 — PO/Hard Haberdashery: Fasteners) in so far as it concerns the applicants and, in the alternative, annulment or reduction of their respective fines
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders YKK Corp., YKK Holding Europe BV and YKK Stocko Fasteners GmbH to pay the costs.
(<span class="super">1</span>) OJ C 51, 23.2.2008.