Judgment;Information — ECLI:EU:C:2019:1135
Date: 2019-12-19
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment;Appeal - unfounded

Judgment of the Court (Seventh Chamber) of 19 December 2019 — Fujikura v Commission (Case C‑590/18 P)(1) Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment) Competition — Fines — Amount — Determination — Determination of the basic amount — Determination of the value of sales — Sales carried out in direct or indirect relation to the infringement — Account taken of sales made at the worldwide level in order to reflect the relative importance of each undertaking in the infringement — Respect for the principle of equal treatment — Account taken of the differences between and the circumstances of the undertakings concerned at another stage of the calculation of the fine — Whether permissible (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 13 and 18) (see paras 39-52) Operative part The Court: 1. Dismisses the appeal; 2. Declares that Fujikura Ltd is to bear its own costs and orders it to pay those incurred by the European Commission; 3. Declares that Viscas Corp. is to bear its own costs. 1 OJ C 427, 26.11.2018.