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Case T-344/18: Judgment of the General Court of 29 September 2021 — Rubycon and Rubycon Holdings 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 — Fines — Partial immunity from fines — Point 26 of the 2006 Leniency Notice — Reduction in the amount of the fine — Point 37 of the 2006 Guidelines on the method of setting fines — Ceiling of 10 % of turnover — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62018TA0344
62018TA0344
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22.11.2021
Official Journal of the European Union
C 471/36
(Case T-344/18) (*)
(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 - Fines - Partial immunity from fines - Point 26 of the 2006 Leniency Notice - Reduction in the amount of the fine - Point 37 of the 2006 Guidelines on the method of setting fines - Ceiling of 10 % of turnover - Unlimited jurisdiction)
(2021/C 471/49)
Language of the case: English
Parties
Applicants: Rubycon Corp. (Ina, Japan), Rubycon Holdings Co. Ltd (Ina) (represented by: J. Rivas Andrés and A. Federle, lawyers)
Defendant: European Commission (represented by: B. Ernst, L. Wildpanner and F. van Schaik, acting as Agents)
Re:
Application under Article 263 TFEU for, first, 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 it concerns the applicants, and, second, a reduction in the amount of the fines imposed on them.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rubycon Corp. and Rubycon Holdings Co. Ltd to bear their own costs and to pay the costs incurred by the European Commission.
(*) Language of the case: English.
ECLI:EU:C:2021:140