Case C-700/19 P: Judgment of the Court (Fourth Chamber) of 16 June 2022 — Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp. v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Optical disk drives — Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 — Single and continuous infringement — Definition — Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers)
Date: 2022-06-16
Institutions: Court of Justice
Subjects: EU competition policy, European Economic Area, cartel, control of restrictive practices, disc drive, restriction on competition, rights of the defence, sanction (EU), tendering








C_2022294EN.01000501.xml










1.8.2022   


EN


Official Journal of the European Union


C 294/5






Judgment of the Court (Fourth Chamber) of 16 June 2022 — Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp. v European Commission
(Case C-700/19 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Optical disk drives - Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 - Single and continuous infringement - Definition - Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers)
(2022/C 294/06)
Language of the case: English

Parties


Appellants: Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp. (represented: initially by A. Aresu, M. Bay, avvocati, and J. Ruiz Calzado, abogado, and subsequently by M. Bay, avvocato, and J. Ruiz Calzado, abogado)

Other party to the proceedings: European Commission (represented by: A. Biolan, M. Farley, F. van Schaik and C. Zois, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 12 July 2019, Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission (T-8/16, EU:T:2019:522);










2.


Annuls Article 1(e) of Commission Decision C(2015) 7135 final of 21 October 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39639 — Optical disk drives) in so far as it finds that Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. infringed Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 by participating, from 23 June 2004 to 17 November 2008, in several separate infringements;










3.


Dismisses the action as to the remainder;










4.


Orders the European Commission to bear its own costs relating to both the proceedings at first instance and the appeal proceedings and to pay all the costs incurred by Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. in the present appeal and half of the costs which they incurred at first instance;










5.


Orders Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. to bear half of their own costs relating to the proceedings at first instance.






(1)  OJ C 383, 11.11.2019.