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Case T-409/12: Judgment of the General Court of 19 January 2016 — Mitsubishi Electric v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Obligation to state reasons — Principle of good administration — Rights of the defence — Equal treatment — Proportionality — Erroneous application — Starting amount — Extent of contribution to the infringement — Deterrence multiplier)

ECLI:EU:UNKNOWN:62012TA0409

62012TA0409

January 19, 2016
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29.2.2016

Official Journal of the European Union

C 78/13

(Case T-409/12) (<span class="super">1</span>)

((Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - New decision taken following annulment in part of the initial decision by the Court - Fines - Obligation to state reasons - Principle of good administration - Rights of the defence - Equal treatment - Proportionality - Erroneous application - Starting amount - Extent of contribution to the infringement - Deterrence multiplier))

(2016/C 078/21)

Language of the case: English

Parties

Applicant: Mitsubishi Electric Corp. (Tokyo, Japan) (represented by: R. Denton, J. Vyavaharkar, R. Browne, L. Philippou, M. Roald, and J. Robinson, Solicitors, and K. Haegeman, lawyer)

Defendant: European Commission (represented by: N. Khan and P. Van Nuffel, acting as Agents)

Re:

Application, principally, for the annulment of Commission Decision C(2012) 4381 of 27 June 2012 amending Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] (now Article 101 TFEU) and Article 53 of the EEA Agreement to the extent that it was addressed to Mitsubishi Electric Corp. and Toshiba Corp. (Case COMP/39.966 — Gas Insulated Switchgear — Fines) in so far as it concerns the applicant and, in the alternative, for the amendment of Article 1 of that decision with a view to the annulment or, failing that, a reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mitsubishi Electric Corp. to pay the costs.

(<span class="super">1</span>) OJ C 343, 10.11.2012.

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