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Case C-452/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Heineken Nederland BV, Heineken NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)

ECLI:EU:UNKNOWN:62011CA0452

62011CA0452

December 19, 2012
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16.2.2013

Official Journal of the European Union

C 46/10

(Case C-452/11 P) (<span class="super">1</span>)

(Appeal - Competition - Agreements, decisions and concerted practices - Dutch beer market - Commission decision establishing a breach of Article 81 EC - Fines - Duration of the administrative procedure - Level of the fine)

2013/C 46/17

Language of the case: Dutch

Parties

Appellants: Heineken Nederland BV, Heineken NV (represented by: T. Ottervanger and M. de Jong, advocaten)

Other party to the proceedings: European Commission (represented by: P. Van Nuffel and F. Ronkes Agerbeek, Agents, and by M. Slotboom, advocat)

Re:

Appeal brought against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-240/07 Heineken Nederland and Heineken v Commission, by which the General Court annulled Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Dutch beer market) in so far as the European Commission found that Heineken NV and Heineken Nederland BV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual consumers in the ‘on-trade’ sector in the Netherlands

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Heineken Nederland BV and Heineken NV to pay the costs.

(<span class="super">1</span>) OJ C 340, 19.11.2011.

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