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Case C-99/17 P: Judgment of the Court (Fourth Chamber) of 26 September 2018 — Infineon Technologies AG v European Commission (Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of the evidence — Rights of the defence — Restriction of competition ‘by object’ — Single and continuous infringement — Judicial review — Unlimited jurisdiction — Scope — Calculation of the amount of the fine)
ECLI:EU:UNKNOWN:62017CA0099
62017CA0099
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12.11.2018
Official Journal of the European Union
C 408/15
(Case C-99/17 P) (<span class="super note-tag">1</span>)
((Appeal - Agreements, decisions and concerted practices - European market for smart card chips - Network of bilateral contacts - Exchanges of commercially sensitive information - Challenge of the authenticity of the evidence - Rights of the defence - Restriction of competition ‘by object’ - Single and continuous infringement - Judicial review - Unlimited jurisdiction - Scope - Calculation of the amount of the fine))
(2018/C 408/17)
Language of the case: English
Parties
Appellant: Infineon Technologies AG (represented by: M. Dreher, T. Lübbig and M. Klusmann, Rechtsanwälte)
Other party to the proceedings: European Commission (represented by: A. Biolan, A. Dawes and J. Norris-Usher, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 15 December 2016, Infineon Technologies v Commission (T-758/14, not published, EU:T:2016:737), inasmuch as the General Court rejected the appellant’s claim in the alternative for a reduction of the amount of the fine that the European Commission imposed on it;
2.Dismisses the appeal as to the remainder;
3.Refers the case back to the General Court for it to give judgment on the claim for a reduction of the amount of the fine imposed on Infineon Technologies AG in the light of the sixth plea;
4.Reserves the costs.
(<span class="note"> <a id="ntr1-C_2018408EN.01001502-E0001" href="#ntc1-C_2018408EN.01001502-E0001">*1</a> </span>) OJ C 168, 29.5.2017.