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Case T-82/08: Judgment of the General Court of 27 September 2012 — Guardian Industries and Guardian Europe v Commission (Competition — Agreements, decisions and concerted practices — Market for flat glass in the EEA — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — Calculation of the amount of the fines — Exclusion of captive sales — Obligation to state the reasons on which the decision is based — Equal treatment — Mitigating circumstances)
ECLI:EU:UNKNOWN:62008TA0082
62008TA0082
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17.11.2012
Official Journal of the European Union
C 355/19
(Case T-82/08) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for flat glass in the EEA - Decision finding an infringement of Article 81 EC - Price-fixing - Evidence of the infringement - Calculation of the amount of the fines - Exclusion of captive sales - Obligation to state the reasons on which the decision is based - Equal treatment - Mitigating circumstances)
2012/C 355/39
Language of the case: English
Parties
Applicants: Guardian Industries Corp. (Dover, Delaware, United States of America); and Guardian Europe Sàrl (Dudelange, Luxembourg) (represented by: S. Völcker, F. Louis, A. Vallery, C. Eggers and H.-G. Kamann, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, acting as Agents)
Re:
Application for annulment of Commission Decision C(2007) 5791 final of 28 November 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39165 — Flat glass), in so far as it concerns the applicants, and for a reduction in the amount of the fine imposed on them by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Guardian Industries Corp. and Guardian Europe Sàrl to pay the costs.
(<span class="super">1</span>) OJ C 107, 26.4.2008.