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Case C-759/21 P: Judgment of the Court (Ninth Chamber) of 13 July 2023 — Nippon Chemi-Con Corporation v European Commission (Appeal — Authentication of a judgment by the General Court — Article 118 of the Rules of Procedure of the General Court — Copy of the judgment to be served — Signature of the judges — Agreements, decisions and concerted practices — Article 101 TFEU — Market for tantalum and aluminium electrolytic capacitors — Agreements and concerted practices in respect of several elements of the pricing — Concept of infringement ‘by object’ — European Commission’s burden of proof — Geographic scope of anticompetitive conduct — Single and continuous infringement — Fine — Calculation of the basic amount — Sales to be taken into account — Mitigating circumstances — Unlimited jurisdiction)

ECLI:EU:UNKNOWN:62021CA0759

62021CA0759

July 13, 2023
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Official Journal of the European Union

C 321/7

(Case C-759/21 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Authentication of a judgment by the General Court - Article 118 of the Rules of Procedure of the General Court - Copy of the judgment to be served - Signature of the judges - Agreements, decisions and concerted practices - Article 101 TFEU - Market for tantalum and aluminium electrolytic capacitors - Agreements and concerted practices in respect of several elements of the pricing - Concept of infringement ‘by object’ - European Commission’s burden of proof - Geographic scope of anticompetitive conduct - Single and continuous infringement - Fine - Calculation of the basic amount - Sales to be taken into account - Mitigating circumstances - Unlimited jurisdiction)

(2023/C 321/07)

Language of the case: English

Parties

Appellant: Nippon Chemi-Con Corporation (represented by: P. Neideck, H.-J. Niemeyer, M. Röhrig, Rechtsanwälte, and by I.-L. Stoicescu, avocate)

Other party: European Commission (represented by: B. Ernst, T. Franchoo, C. Sjödin and L. Wildpanner, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Nippon Chemi-Con Corporation to bear its own costs and to pay those incurred by the European Commission.

(<span class="oj-super">1</span>) OJ C 64, 7.2.2022.

Language of the case: English

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