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Case C-679/11 P: Judgment of the Court (Ninth Chamber) of 26 September 2013 — Alliance One International Inc. v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Whether unlawful conduct of a subsidiary attributable to its parent company — Obligation to state reasons — Fundamental rights — Deterrent effect — Equal treatment — Mitigating circumstances — Cooperation — Unlimited jurisdiction — Ne ultra petita — Right to a fair hearing)
ECLI:EU:UNKNOWN:62011CA0679
62011CA0679
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23.11.2013
Official Journal of the European Union
C 344/18
(Case C-679/11 P) (<span class="super">1</span>)
(Appeal - Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Price-fixing and market-sharing - Infringement of Article 81 EC - Whether unlawful conduct of a subsidiary attributable to its parent company - Obligation to state reasons - Fundamental rights - Deterrent effect - Equal treatment - Mitigating circumstances - Cooperation - Unlimited jurisdiction - Ne ultra petita - Right to a fair hearing)
2013/C 344/30
Language of the case: English
Parties
Appellant: Alliance One International Inc. (represented by: M. Odriozola and A. Vide, abogados)
Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre, E. Gippini Fournier, J. Bourke and C. Urraca Caviedes, Agents)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 12 October 2011 in Case T-41/05 Alliance One International v Commission reducing the part of the fine imposed on Agroexpansión, for the payment of which Alliance One International, Inc. was held jointly and severally liable with Agroexpansión, and dismissing as to the remainder an application for partial annulment of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) of the EC Treaty (Case COMP/C.38.238/B.2 — Raw tobacco sector in Spain) concerning a cartel aimed at fixing the prices paid to producers and the quantities purchased from them in the Spanish raw tobacco market.
Operative part of the judgment
The Court:
1.Dismisses the appeal and the cross-appeal;
2.Orders Alliance One International Inc. to pay the costs of the appeal;
3.Orders the European Commission to pay the costs of the cross-appeal.
(<span class="super">1</span>) OJ C 73, 10.3.2012.