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Case T-482/07: Judgment of the General Court of 16 September 2013 — Nynäs Petroleum and Nynas Petróleo v Commission (Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing arrangements — Evidence of participation in the cartel — Calculation of the amount of the fine)

ECLI:EU:UNKNOWN:62007TA0482

62007TA0482

September 16, 2013
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Official Journal of the European Union

C 336/13

(Case T-482/07) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Decision finding an infringement of Article 81 EC - Annual market-sharing and price-fixing arrangements - Evidence of participation in the cartel - Calculation of the amount of the fine)

2013/C 336/26

Language of the case: English

Parties

Applicants: Nynäs Petroleum AB (Stockholm, Sweden); and Nynas Petróleo, SA (Madrid, Spain) (represented by: D. Beard QC, and M. Dean, Solicitor)

Defendant: European Commission (represented: initially by X. Lewis and F. Castillo de la Torre, subsequently by F. Castillo de la Torre and J. Bourke, and lastly by F. Castillo de la Torre and C. Urraca Caviedes, Agents)

Re:

Application, principally, for annulment in part of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen (Spain)) or, in the alternative, for reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1.Sets the amount of the fine imposed on Nynas Petróleo, SA in Article 2 of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen (Spain)) at EUR 10 406 000, and the amount of the fine imposed on Nynäs Petroleum, AB in Article 2 of that decision at EUR 10 164 000;

2.Dismisses the remaining heads of claim in the application;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 51, 23.2.2008.

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