CELEX: 62009TJ0296
Language: en
Date: 2011-11-24
Title: Judgment of the General Court (Fifth Chamber) of 24 November 2011. # European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission. # Competition - Concerted practice - Abuse of a dominant position - Markets for ink cartridges - Decision rejecting a complaint - No Community interest. # Case T-296/09.

Judgment of the General Court (Fifth Chamber) of 24 November 2011 – EFIM v Commission
      (Case T-296/09)
      Competition – Concerted practice – Abuse of a dominant position – Markets for ink cartridges – Decision rejecting a complaint – No Community interest
      1.                     Procedure – Producing evidence – Time-limit – Evidence lodged out of time – Conditions (Rules of Procedure of the General
            Court, Art. 48(1)) (see para. 22)
      2.                     European Union law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the administration
            (see para. 30)
      3.                     Competition – Administrative procedure – Examination of complaints – Determination of priorities by the Commission – Taking
            into account the Community interest in investigating a case – Discretion of the Commission – Duty to state reasons for a decision
            to take no further action – Judicial review – Scope and limits (Arts 81 EC, 82 EC, 85(1) EC and 253 EC; Commission Regulation
            No 773/2004, Art. 7(2)) (see paras 38-40, 59)
      4.                     Competition – Administrative procedure – Examination of complaints – Examination of only those elements of fact and law brought
            to the knowledge of the Commission (Arts 81 EC and 82 EC; Commission Regulation No 773/2004, Art. 7(2)) (see para. 41)
      5.                     Competition – Dominant position – Collective dominant position – Concept – Collective entity – Conditions (Art. 82 EC) (see
            para. 71)
      6.                     Competition – Dominant position – Existence – Large market share – Insufficient evidence (Art. 82 EC) (see para. 79)
      Re:
      
         
               APPLICATION for annulment of Commission Decision C (2009) 4125 of 20 May 2009 rejecting complaint COMP/C‑3/39.391 concerning
                  purported infringements of Articles 81 EC and 82 EC by Hewlett‑Packard, Lexmark, Canon and Epson in the market for ink cartridges.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to bear its own costs and to pay the costs incurred
                     by the European Commission;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Lexmark International Technology SA to bear its own costs.