CELEX: 62018TA0341
Language: en
Date: 2021-09-29 00:00:00
Title: Case T-341/18: Judgment of the General Court of 29 September 2021 — Nec v Commission (Competition — Agreements, decisions and concerted practices — Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Price coordination throughout the EEA — Attribution to the parent company of the infringement committed by its subsidiary — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Increase in the amount of the fine for repeated infringement — Proportionality — Unlimited jurisdiction)

22.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 471/34
            
         
      Judgment of the General Court of 29 September 2021 — Nec v Commission
      (Case T-341/18) (1)
      
      (Competition - Agreements, decisions and concerted practices - Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Price coordination throughout the EEA - Attribution to the parent company of the infringement committed by its subsidiary - 2006 Guidelines on the method of setting fines - Gravity of the infringement - Increase in the amount of the fine for repeated infringement - Proportionality - Unlimited jurisdiction)
      (2021/C 471/46)
      Language of the case: English
      
         Parties
      
      
         Applicant: Nec Corp. (Tokyo, Japan) (represented by: O. Brouwer and A. Pliego Selie, lawyers, and by R. Bachour, Solicitor)
      
         Defendant: European Commission (represented by: A. Cleenewerck de Crayencour, L. Wildpanner and F. van Schaik, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU for, primarily, annulment of Commission Decision C(2018) 1768 final of 21 March 2018 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.40136 — Capacitors), in so far as that decision finds that the applicant personally participated in the infringement, and, in the alternative, annulment of the fines imposed on the applicant or a reduction in the amount of those fines.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Nec Corp. to bear its own costs and to pay the costs incurred by the European Commission.
               
            
         (1)  OJ C 294, 20.8.2018.