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Case T-341/18: Judgment of the General Court of 29 September 2021 — Nec v Commission (Competition — Agreements, decisions and concerted practices — Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Price coordination throughout the EEA — Attribution to the parent company of the infringement committed by its subsidiary — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Increase in the amount of the fine for repeated infringement — Proportionality — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62018TA0341
62018TA0341
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22.11.2021
Official Journal of the European Union
C 471/34
(Case T-341/18) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Price coordination throughout the EEA - Attribution to the parent company of the infringement committed by its subsidiary - 2006 Guidelines on the method of setting fines - Gravity of the infringement - Increase in the amount of the fine for repeated infringement - Proportionality - Unlimited jurisdiction)
(2021/C 471/46)
Language of the case: English
Parties
Applicant: Nec Corp. (Tokyo, Japan) (represented by: O. Brouwer and A. Pliego Selie, lawyers, and by R. Bachour, Solicitor)
Defendant: European Commission (represented by: A. Cleenewerck de Crayencour, L. Wildpanner and F. van Schaik, acting as Agents)
Re:
Application under Article 263 TFEU for, primarily, annulment of Commission Decision C(2018) 1768 final of 21 March 2018 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.40136 — Capacitors), in so far as that decision finds that the applicant personally participated in the infringement, and, in the alternative, annulment of the fines imposed on the applicant or a reduction in the amount of those fines.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Nec Corp. to bear its own costs and to pay the costs incurred by the European Commission.
(<span class="oj-super">1</span>) OJ C 294, 20.8.2018.