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Case T-585/20: Judgment of the General Court of 14 June 2023 — Polwax v Commission (Competition — Concentrations — Upstream market for slack wax — Downstream market for paraffin waxes — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Absence of commitment to supply slack wax — Vertical effects — Foreclosure of the input market)
ECLI:EU:UNKNOWN:62020TA0585
62020TA0585
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31.7.2023
Official Journal of the European Union
C 271/23
(Case T-585/20) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Concentrations - Upstream market for slack wax - Downstream market for paraffin waxes - Decision declaring the concentration compatible with the internal market and the EEA Agreement - Absence of commitment to supply slack wax - Vertical effects - Foreclosure of the input market)
(2023/C 271/33)
Language of the case: Polish
Parties
Applicant: Polwax S.A. (Jasło, Poland) (represented by: E. Nessmann and G. Duda, lawyers)
Defendant: European Commission (represented by: N. Khan, G. Meessen and J. Szczodrowski, acting as Agents)
Intervener in support of the defendant: Polski Koncern Naftowy Orlen S.A. (Płock, Poland) (represented by: M. Mataczyński, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the Commission Decision of 14 July 2020 (case M.9014), adopted under Article 8(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), by which the European Commission declared a concentration between Polski Koncern Naftowy Orlen S.A. (‘Orlen’) and Grupa Lotos S.A. to be compatible with the internal market and with Article 57 of the Agreement on the European Economic Area (EEA), subject to Orlen’s compliance with certain commitments.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Polwax S.A. to pay the costs.
(<span class="oj-super">1</span>) OJ C 399, 23.11.2020.