CELEX: 62003TA0012
Language: en
Date: 2009-04-30 00:00:00
Title: 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)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/37
            
         Judgment of the Court of First Instance of 30 April 2009 — Itochu v Commission
   (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.