CELEX: 62013CA0286
Language: en
Date: 2015-03-19 00:00:00
Title: Case C-286/13 P: Judgment of the Court (Second Chamber) of 19 March 2015 — Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Obligation to state reasons — Belated statement of reasons — Belated submission of evidence — Rights of defence — Principle of equality of arms — Principles governing the establishment of the facts — Distortion of the facts — Assessment of the evidence — Market structure — Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object — Burden of proof — Calculation of the fine — Whether sales made by subsidiaries not involved in the infringement are to be taken into account — Sales of the same bananas counted twice)

11.5.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/3
            
         Judgment of the Court (Second Chamber) of 19 March 2015 — Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG v European Commission
   (Case C-286/13 P) (1)
   
   ((Appeals - Competition - Agreements, decisions and concerted practices - European banana market - Coordination in the setting of quotation prices - Obligation to state reasons - Belated statement of reasons - Belated submission of evidence - Rights of defence - Principle of equality of arms - Principles governing the establishment of the facts - Distortion of the facts - Assessment of the evidence - Market structure - Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object - Burden of proof - Calculation of the fine - Whether sales made by subsidiaries not involved in the infringement are to be taken into account - Sales of the same bananas counted twice))
   (2015/C 155/03)
   Language of the case: English
   
      Parties
   
   
      Appellants: Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG (represented by: J.-F. Bellis, lawyer)
   
      Other party to the proceedings: European Commission (represented by: M. Kellerbauer and P. Van Nuffel, acting as Agents)
   
      Operative part of the judgment
   
   The Court:
   
               1)
            
            
               Dismisses the appeal;
            
         
               2)
            
            
               Orders Dole Food Company, Inc., and Dole Fresh Fruit Europe, formerly Dole Germany OHG, to bear the costs jointly and severally.
            
         
      (1)  OJ C 252, 31.8.2013.