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Case T-154/09: Judgment of the General Court of 17 May 2013 — MRI v Commission (Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Obligation to state reasons — Equal treatment — Legal certainty — Fines — Gravity and duration of the infringement — Extenuating circumstances — Cooperation)
ECLI:EU:UNKNOWN:62009TA0154
62009TA0154
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29.6.2013
Official Journal of the European Union
C 189/17
(Case T-154/09) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Obligation to state reasons - Equal treatment - Legal certainty - Fines - Gravity and duration of the infringement - Extenuating circumstances - Cooperation)
2013/C 189/31
Language of the case: Italian
Parties
Applicant: Manuli Rubber Industries SpA (MRI) (Milan, Italy) (represented by: L. Radicati di Brozolo, M. Pappalardo and E. Marasà, lawyers)
Defendant: European Commission (represented by: V. Di Bucci, S. Noë and L. Prete, acting as Agents)
Re:
Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicant, and, in the alternative, for annulment of or a substantial reduction in the fine imposed on it in that decision
Operative part of the judgment
The Court:
1.Annuls Article 2(f) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses);
2.Sets the amount of the fine imposed on MRI at EUR 4 900 000;
3.Dismisses the action as to the remainder;
4.Orders each party to bear its own costs.
(<span class="super">1</span>) OJ C 141, 20.6.2009.