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Case T-588/08: Judgment of the General Court of 14 March 2013 — Dole Food and Dole Germany v Commission (Competition — Agreements, decisions and concerted practices — Market in bananas — Decision finding an infringement of Article 81 EC — Concept of a concerted practice having an anti-competitive object — Information exchange system — Obligation to state the reasons on which the decision is based — Rights of the defence — Guidelines on the method of setting fines — Gravity of the infringement)

ECLI:EU:UNKNOWN:62008TA0588

62008TA0588

March 14, 2013
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27.4.2013

Official Journal of the European Union

C 123/15

(Case T-588/08) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Market in bananas - Decision finding an infringement of Article 81 EC - Concept of a concerted practice having an anti-competitive object - Information exchange system - Obligation to state the reasons on which the decision is based - Rights of the defence - Guidelines on the method of setting fines - Gravity of the infringement)

2013/C 123/25

Language of the case: English

Parties

Applicants: Dole Food Company, Inc. (Westlake Village, California, United States); and Dole Germany OHG (Hamburg, Germany) (represented by: J.-F. Bellis, lawyer)

Defendant: European Commission (represented: initially by X. Lewis and M. Kellerbauer, and subsequently by M. Kellerbauer and P. Van Nuffel, Agents)

Re:

Application for annulment of Commission Decision C(2008) 5955 final of 15 October 2008 relating to a proceeding under Article 81 EC (Case COMP/39.188 — Bananas)

Operative part of the judgment

The Court:

1.Dismisses the action.

2.Orders Dole Food Company, Inc. and Dole Germany OHG to pay the costs.

(<span class="super">1</span>) OJ C 44, 21.2.2009.

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