CELEX: 62016TA0008
Language: en
Date: 2019-07-12 00:00:00
Title: Case T-8/16: Judgment of the General Court of 12 July 2019 — Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission (Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to procurement events organised by two computer manufacturers — Breach of essential procedural requirements and of the rights of the defence — Jurisdiction of the Commission — Geographic scope of the infringement — Single and continuous infringement — Principle of good administration — 2006 Guidelines on the method of setting fines)

30.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/38
            
         
      Judgment of the General Court of 12 July 2019 — Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission
      (Case T-8/16) (1)
      
      (Competition - Agreements, decisions and concerted practices - Market for optical disk drives - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Collusive agreements relating to procurement events organised by two computer manufacturers - Breach of essential procedural requirements and of the rights of the defence - Jurisdiction of the Commission - Geographic scope of the infringement - Single and continuous infringement - Principle of good administration - 2006 Guidelines on the method of setting fines)
      (2019/C 328/40)
      Language of the case: English
      
         Parties
      
      
         Applicants: Toshiba Samsung Storage Technology Corp. (Tokyo, Japan) and Toshiba Samsung Storage Technology Korea Corp. (Suwon-si, South Korea) (represented initially by M. Bay, J. Ruiz Calzado, A. Aresu and A. Scordamaglia-Tousis, and subsequently by M. Bay, J. Ruiz Calzado and A. Aresu, lawyers)
      
         Defendant: European Commission (represented initially by N. Khan, A. Biolan and M. Farley, and subsequently by A. Biolan, M. Farley and A. Cleenewerck de Crayencour, Agents,)
      
         Re:
      
      Action under Article 263 TFEU seeking, principally, annulment in whole or in part 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), or, in the alternative, a reduction of the amount of the fine imposed on the applicants.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. to bear their own costs and pay the costs incurred by the European Commission.
                  
               
            
         (1)  OJ C 98, 14.3.2016.