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Case T-515/18: Judgment of the General Court of 16 December 2020 — Fakro v Commission (Competition — Abuse of dominant position — Market for roof windows and flashings — Decision rejecting a complaint — Article 7 of Regulation (EC) No 773/2004 — Access to the file — Principle of sound administration — Reasonable period — Manifest error of assessment — Obligation to state reasons — No EU interest — Probability of being able to establish the existence of an infringement — Predatory pricing — ‘Fighting brands’ — Rebates — Exclusivity)
ECLI:EU:UNKNOWN:62018TA0515
62018TA0515
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22.2.2021
Official Journal of the European Union
C 62/25
(Case T-515/18) (*)
(Competition - Abuse of dominant position - Market for roof windows and flashings - Decision rejecting a complaint - Article 7 of Regulation (EC) No 773/2004 - Access to the file - Principle of sound administration - Reasonable period - Manifest error of assessment - Obligation to state reasons - No EU interest - Probability of being able to establish the existence of an infringement - Predatory pricing - ‘Fighting brands’ - Rebates - Exclusivity)
(2021/C 62/30)
Language of the case: Polish
Parties
Applicant: Fakro sp. z o.o. (Nowy Sącz, Poland) (represented by: A. Radkowiak-Macuda and Z. Kiedacz, lawyers)
Defendant: European Commission (represented by: M. Farley, I. Rogalski and J. Szczodrowski, acting as Agents)
Intervener in support of the applicant: Republic of Poland (represented by: B. Majczyna, M. Wiącek and M. Rzotkiewicz, acting as Agents)
Re:
Action under Article 263 TFEU for the annulment of Commission Decision C(2018) 3864 final of 14 June 2018 rejecting the complaint lodged by the applicant alleging infringements of Article 102 TFEU in the market for roof windows and flashings (Case AT.40026 — Velux).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fakro sp. z o.o., the European Commission and the Republic of Poland to each bear their own costs.
(*) Language of the case: Polish.
(1) OJ C 427, 26.11.2018.