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Case T-18/03: Judgment of the Court of First Instance of 30 April 2009 — CD-Contact Data v Commission (Competition — Agreements, decisions and concerted practices — Market for Nintendo video games consoles and games cartridges — Decision finding an infringement of Article 81 EC — Limitation of parallel exports — Proof of the existence of an agreement to limit parallel trade — Fines — Differential treatment — Attenuating circumstances)
ECLI:EU:UNKNOWN:62003TA0018
62003TA0018
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Official Journal of the European Union
C 141/38
(Case T-18/03)(Competition - Agreements, decisions and concerted practices - Market for Nintendo video games consoles and games cartridges - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Proof of the existence of an agreement to limit parallel trade - Fines - Differential treatment - Attenuating circumstances)
2009/C 141/76
Language of the case: English
Parties
Applicant: CD-Contact Data GmbH (Burglengenfeld, Germany) (represented by: J. de Pree and R. Wesseling, lawyers)
Defendant: Commission of the European Communities (represented by: P. Oliver, X. Lewis and O. Beynet, Agents)
Re:
APPLICATION for the annulment of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33).
Operative part of the judgment
The Court:
1.Sets the amount of the fine imposed on CD-Contact Data GmbH at EUR 500 000;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
* * *
(1) OJ C 70, 22.3.2003.