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Case T-265/12: Judgment of the General Court of 29 February 2016 — Schenker v Commission (Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Evidence contained in an application for immunity — Protection of the confidentiality of communications between lawyers and clients — Code of Conduct rules on duty of loyalty and prohibition on double representation — Fiduciary duties — Whether trade between Member States affected — Whether unlawful conduct can be attributed — Choice of companies — Fines — Proportionality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Cooperation — Settlement — 2006 Guidelines on the method of setting fines)
ECLI:EU:UNKNOWN:62012TA0265
62012TA0265
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18.4.2016
Official Journal of the European Union
C 136/27
(Case T-265/12)(1)
((Competition - Agreements, decisions and concerted practices - International air freight forwarding services - Decision finding an infringement of Article 101 TFEU - Price fixing - Surcharges and charging mechanisms affecting the final price - Evidence contained in an application for immunity - Protection of the confidentiality of communications between lawyers and clients - Code of Conduct rules on duty of loyalty and prohibition on double representation - Fiduciary duties - Whether trade between Member States affected - Whether unlawful conduct can be attributed - Choice of companies - Fines - Proportionality - Gravity of the infringement - Mitigating circumstances - Equal treatment - Cooperation - Settlement - 2006 Guidelines on the method of setting fines))
(2016/C 136/37)
Language of the case: English
Parties
Applicant: Schenker Ltd (Feltham, United Kingdom) (represented by: F. Montag, B. Kacholdt and F. Hoseinian, lawyers, and by D. Colgan and T. Morgan, Solicitors)
Defendant: European Commission (represented initially by A. Dawes and N. von Lingen, and subsequently by A. Dawes and G. Meessen, acting as Agents, and by B. Kennelly and H. Mussa, Barristers)
Re:
Application for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicant, and for variation of the fine imposed on it in that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Schenker Ltd to pay the costs.
(1)
OJ C 243, 11.8.2012.