# C_2017425EN.01001201.xml

| 12.12.2017 | EN | Official Journal of the European Union | C 425/12 |
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12.12.2017

EN

Official Journal of the European Union

C 425/12

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Summary of Commission Decision

of 16 June 2017

amending Decision C(2004) 4030 final relating to a proceeding under Article 81(1) of the EC Treaty

(Case AT.38238 — Raw Tobacco — Spain)

(notified under document C(2017) 4098)

(Only the English and Spanish texts are authentic)

(2017/C 425/09)

On 16 June 2017, the Commission adopted a decision amending decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) of the EC Treaty (now Article 101(1) of the Treaty on the Functioning of the European Union, ‘TFEU’). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

On 16 June 2017, the Commission adopted a decision amending decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) of the EC Treaty (now Article 101(1) of the Treaty on the Functioning of the European Union, ‘TFEU’). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003

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the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

INTRODUCTION

| (1) | By a decision of 20 October 2004 (2), in Case AT.38238 — Raw Tobacco — Spain relating to a proceeding under Article 81(1) of the EC Treaty (now Article 101(1) TFEU) (hereinafter the ‘Raw Tobacco — Spain decision’), the Commission imposed a fine totalling EUR 1 822 500 on World Wide Tobacco España, SA (‘WWTE’) and its parent companies, jointly and severally liable, because of practices found to be in contravention of Union competition law. |
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(1)

By a decision of 20 October 2004 (2), in Case AT.38238 — Raw Tobacco — Spain relating to a proceeding under Article 81(1) of the EC Treaty (now Article 101(1) TFEU) (hereinafter the ‘Raw Tobacco — Spain decision’), the Commission imposed a fine totalling EUR 1 822 500 on World Wide Tobacco España, SA (‘WWTE’) and its parent companies, jointly and severally liable, because of practices found to be in contravention of Union competition law.

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2.   PROCEDURE

PROCEDURE

| (2) | WWTE challenged the Raw Tobacco — Spain decision in Case T-37/05. By judgment of 8 March 2011, the General Court partly granted WWTE’s application for annulment and fixed its fine at EUR 1 579 500, reducing the fine imposed on it by EUR 243 000 as a consequence of increasing WWTE’s leniency reduction from 25 % to 35 %. This judgment was confirmed by the Court of Justice on 3 May 2012 in Case C-240/11 P. |
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(2)

WWTE challenged the Raw Tobacco — Spain decision in Case T-37/05. By judgment of 8 March 2011, the General Court partly granted WWTE’s application for annulment and fixed its fine at EUR 1 579 500, reducing the fine imposed on it by EUR 243 000 as a consequence of increasing WWTE’s leniency reduction from 25 % to 35 %. This judgment was confirmed by the Court of Justice on 3 May 2012 in Case C-240/11 P.

| (3) | Alliance One International Inc. (‘AOI’), the legal successor to SCC, challenged the Raw Tobacco — Spain decision, together with SCTC and TCLT, in Case T-24/05. Unlike WWTE, the parent companies of WWTE did not raise a plea regarding the amount of leniency reduction. By judgment of 24 October 2010, the General Court rejected the action in its entirety with regard to AOI and SCTC, but annulled TCLT’s liability entirely. The Court of Justice confirmed the General Court’s judgment on 19 July 2012 in Case C-628/10 P. |
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(3)

Alliance One International Inc. (‘AOI’), the legal successor to SCC, challenged the Raw Tobacco — Spain decision, together with SCTC and TCLT, in Case T-24/05. Unlike WWTE, the parent companies of WWTE did not raise a plea regarding the amount of leniency reduction. By judgment of 24 October 2010, the General Court rejected the action in its entirety with regard to AOI and SCTC, but annulled TCLT’s liability entirely. The Court of Justice confirmed the General Court’s judgment on 19 July 2012 in Case C-628/10 P.

| (4) | Although in Case T-24/05 the General Court dismissed SCC and SCTC’s action for annulment against the Raw Tobacco — Spain Decision, the Commission nevertheless finds it appropriate in light of the relevant case law to apply the same leniency reduction of 35 % for the fines of SCC and SCTC (both succeeded by AOI). |
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(4)

Although in Case T-24/05 the General Court dismissed SCC and SCTC’s action for annulment against the Raw Tobacco — Spain Decision, the Commission nevertheless finds it appropriate in light of the relevant case law to apply the same leniency reduction of 35 % for the fines of SCC and SCTC (both succeeded by AOI).

| (5) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 30 May 2017. |
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(5)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 30 May 2017.

3.   ADDRESSEES

ADDRESSEES

| (6) | The decision is addressed to World Wide Tobacco España, SA, and Alliance One International Inc. |
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(6)

The decision is addressed to World Wide Tobacco España, SA, and Alliance One International Inc.

4.   DECISION

DECISION

| (7) | In Article 3, third indent, of Decision C(2004) 4030 final, the text is amended as follows:






  ‘— | WWTE: EUR 1 579 500 (jointly and severally liable with Alliance One International Inc.)’. |
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(7)

In Article 3, third indent, of Decision C(2004) 4030 final, the text is amended as follows:

‘—

WWTE: EUR 1 579 500 (jointly and severally liable with Alliance One International Inc.)’.

| (8) | The interest on the EUR 243 000 amount of reduction, which has accrued to the Commission since the provisional payment on 11 February 2005, shall be returned to AOI. |
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(8)

The interest on the EUR 243 000 amount of reduction, which has accrued to the Commission since the provisional payment on 11 February 2005, shall be returned to AOI.

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(1)  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

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(2)  C(2004) 4030 (final), summary published in OJ L 102, 19.4.2007, p. 14.

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