CELEX: C2002/044/18
Language: en
Date: 2002-02-16 00:00:00
Title: Judgment of the Court of First Instance of 22 November 2001 in Case T-139/98: Amministrazione Autonoma dei Monopoli di Stato (AAMS) v Commission of the European Communities (Competition — Article 86 of the EC Treaty (now Article 82 EC) — Abuse of a dominant position — Italian cigarette sector — Distribution agreement — Abusive contract terms — Abusive conduct — Reduction of fine)

16.2.2002               EN                      Official Journal of the European Communities                                           C 44/11
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 22 November 2001                                                         of 18 September 2001
in Case T-139/98: Amministrazione Autonoma dei Mono-                       in Case T-112/99 Métropole télévision (M6) and Others v
poli di Stato (AAMS) v Commission of the European                                   Commission of the European Communities (1)
                          Communities (1)
                                                                           (Actions for annulment — Competition — Pay television —
(Competition — Article 86 of the EC Treaty (now Article 82                 Joint venture — Article 85 of the EC Treaty (now Article 81
EC) — Abuse of a dominant position — Italian cigarette                     EC) — Article 85(1) of the Treaty — Negative clearance —
sector — Distribution agreement — Abusive contract terms                   Ancillary restrictions — Rule of reason — Article 85(3) of
           — Abusive conduct — Reduction of fine)                                   the Treaty — Exemption decision — Duration)
                          (2002/C 44/18)                                                              (2002/C 44/19)
                    (Language of the case: Italian)                                             (Language of the case: French)
In Case T-139/98: Amministrazione Autonoma dei Monopoli                    In Case T-112/99 Métropole télévision (M6), established in
di Stato (AAMS), represented by P.G. Ferri and D. Del Gaizo,               Neuilly sur Seine (France), Suez-Lyonnaise des eaux, established
lawyers, with an address for service in Luxembourg, against                in Nanterre (France), France Télécom, established in Paris
Commission of the European Communities (Agents: G. Mar-                    (France), represented by D. Théophile, lawyer, with an address
enco and L. Pignataro) supported by Rothmans International                 for service in Luxembourg, and Télévision française 1 SA
Europe BV, established in Amsterdam (Netherlands), represent-              (TF1), established in Paris, represented by P. Dunaud and
ed by S. Crosby, solicitor, with an address for service in                 P. Elsen, lawyers, with an address for service in Luxembourg,
Luxembourg, and JT International BV, formerly R.J. Reynolds                against Commission of the European Communities (Agents:
International BV, established in Hilversum (Netherlands), rep-             E. Gippini Fournier and K. Wiedner), supported by CanalSatel-
resented by O.W. Brouwer, J.-N. Louis and T. Janssens, lawyers,            lite, established in Paris, represented by L. Cohen-Tanugi and
with an address for service in Luxembourg — application for                F. Brunet, lawyers, with an address for service in Luxembourg
annulment of Commission Decision 98/538/EC of 17 June                      — application for annulment of Articles 2 and 3 of Com-
1998 relating to a proceeding pursuant to Article 86 of the EC             mission Decision 1999/242/EC of 3 March 1999 relating to a
Treaty (IV/36.010-F3 — Amministrazione Autonoma dei                        proceeding pursuant to Article 85 of the EC Treaty (IV/36.237
Monopoli di Stato) (OJ 1998 L 252, p. 47) and, in the                      — TPS) (OJ 1999 L 90, p. 6) — the Court of First Instance
alternative, for reduction of the fine imposed — the Court of              (Third Chamber), composed of J. Azizi, President, K. Lenaerts
First Instance (Fifth Chamber), composed of P. Lindh, President,           and M. Jaeger, Judges; D. Christensen, Administrator, for the
R. Garcı́a-Valdecasas and J.D. Cooke, Judges; E. Sheehan,                  Registrar, has given a judgment on 18 September 2001, in
Legal Secretary, for the Registrar, has given a judgment on                which it:
22 November 2001, in which it:
                                                                           1.     Dismisses the application;
1.    Dismisses the action;
                                                                           2.     Orders the applicants to bear their own costs and to pay those
2.    Orders AAMS to pay the costs of the Commission and of the                   incurred by the Commission and by the intervener.
      interveners and to bear its own costs.
(1) OJ C 358 of 21.11.1998.                                                (1) OJ C 226 of 7.8.1999.