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Case T-12/03: Judgment of the Court of First Instance of 30 April 2009 — Itochu v Commission (Competition — Agreements, decisions and concerted practices — Market for video games consoles and games cartridges compatible with Nintendo games consoles — Decision finding an infringement of Article 81 EC — Limitation of parallel exports — Attributability of the infringement — Fines — Differential treatment — Deterrent effect — Duration of the infringement — Attenuating circumstances — Cooperation during the administrative procedure)
ECLI:EU:UNKNOWN:62003TA0012
62003TA0012
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Official Journal of the European Union
C 141/37
(Case T-12/03)(1)
(Competition - Agreements, decisions and concerted practices - Market for video games consoles and games cartridges compatible with Nintendo games consoles - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Attributability of the infringement - Fines - Differential treatment - Deterrent effect - Duration of the infringement - Attenuating circumstances - Cooperation during the administrative procedure)
2009/C 141/74
Language of the case: English
Parties
Applicant: Itochu Corp. (Tokyo, Japan) (represented by: Y. Shibasaki G. van Gerven, T. Franchoo, lawyers)
Defendant: Commission of the European Communities (represented initially by P. Hellström and O. Beynet, and subsequently by F. Castillo de la Torre and O. Beynet, Agents)
Re:
Application for the annulment of Articles 1, 3 and 5 of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33), in so far as they relate to the applicant, or, in the alternative, reduction of the amount of the fine imposed on it.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Itochu Corp. to pay the costs.
* * *
(1) OJ C 55, 8.3.2003.