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Case C-815/21 P: Judgment of the Court (Seventh Chamber) of 20 April 2023 — Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl v European Commission (Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Online sales — Regulation (EC) No 773/2004 — Article 2(1) — European Commission decision to initiate an investigation — Territorial scope of the investigation — Exclusion of Italy — Allocation of competence between the Commission and the competition authorities of the Member States — Regulation (EC) No 1/2003 — Article 11(6) — The competition authorities of the Member States being relieved of their competence — Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission — Action for annulment — Act not open to challenge — Act not producing legal effects vis-à-vis third parties — Preparatory act — Inadmissibility)
ECLI:EU:UNKNOWN:62021CA0815
62021CA0815
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12.6.2023
Official Journal of the European Union
C 205/11
(Case C-815/21 P) (1)
(Appeal - Competition - Article 102 TFEU - Abuse of dominant position - Online sales - Regulation (EC) No 773/2004 - Article 2(1) - European Commission decision to initiate an investigation - Territorial scope of the investigation - Exclusion of Italy - Allocation of competence between the Commission and the competition authorities of the Member States - Regulation (EC) No 1/2003 - Article 11(6) - The competition authorities of the Member States being relieved of their competence - Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission - Action for annulment - Act not open to challenge - Act not producing legal effects vis-à-vis third parties - Preparatory act - Inadmissibility)
(2023/C 205/12)
Language of the case: English
Appellants: Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl (represented by: A. Komninos, dikigoros, and G. Tantulli, abogado)
Other party to the proceedings: European Commission (represented by: B. Ernst, T. Franchoo, G. Meessen and C. Sjödin, acting as Agents)
Intervener in support of the defendant: Autorità Garante della Concorrenza e del Mercato (represented by: P. Gentili, avvocato dello Stato)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Amazon.com, Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl and Amazon Europe Core Sàrl to bear their own costs and to pay the costs incurred by the European Commission;
3.Orders the Autorità Garante della Concorrenza e del Mercato (National Competition Authority, Italy) to bear its own costs in relation to the appeal proceedings.
(1) OJ C 84, 21.2.2022.