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Case C-654/11 P: Order of the Court of 13 December 2012 — Transcatab SpA, in liquidation v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Italian market for the purchasing and primary processing of raw tobacco — Price fixing and market sharing — Attribution of liability for the unlawful conduct of a subsidiary to its parent company — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which a decision is based — Principle of equal treatment)
ECLI:EU:UNKNOWN:62011CB0654
62011CB0654
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23.2.2013
Official Journal of the European Union
C 55/2
(Case C-654/11 P) (<a id="ntc1-C_2013055EN.01000202-E0001" href="#ntr1-C_2013055EN.01000202-E0001"> (<span class="super">1</span>)</a>)
(Appeal - Competition - Agreements, decisions and concerted practices - Italian market for the purchasing and primary processing of raw tobacco - Price fixing and market sharing - Attribution of liability for the unlawful conduct of a subsidiary to its parent company - Presumption of innocence - Rights of the defence - Obligation to state the reasons on which a decision is based - Principle of equal treatment)
2013/C 55/03
Language of the case: Italian
Parties
Appellant: Transcatab SpA, in liquidation (represented by: G. Mastrantonio, avvocato)
Other party to the proceedings: European Commission (represented by: L. Malferrari, Agent)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2011 in Case T-39/06 Transcatab v Commission, in which the General Court dismissed the application for the partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) and for a reduction of the fine imposed on Transcatab by that decision and the counterclaim by the Commission seeking to increase that fine — Italian market for the purchasing and primary processing of raw tobacco — Attribution of liability to a parent company for infringements of competition rules committed by its subsidiaries — Rebuttable presumption in the case of a 100 % shareholding — Fundamental principles governing the taking of evidence — Obligation to state the reasons on which a decision is based — Rights of the defence — Principle of equal treatment
Operative part of the order
1.The appeal is rejected.
2.Transcatab SpA is ordered to pay the costs.
(<a id="ntr1-C_2013055EN.01000202-E0001" href="#ntc1-C_2013055EN.01000202-E0001">(<span class="super">1</span>)</a> OJ C 49, 18.2.2012)