CELEX: 62006TA0039
Language: en
Date: 2011-10-05 00:00:00
Title: Case T-39/06: Judgment of the General Court of 5 October 2011 — Transcatab v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Attributability of the unlawful conduct — Fines — Proportionality — Gravity and duration of the infringement — Attenuating circumstances — Cooperation)

19.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 340/15
            
         Judgment of the General Court of 5 October 2011 — Transcatab v Commission
   (Case T-39/06) (1)
   
   (Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Attributability of the unlawful conduct - Fines - Proportionality - Gravity and duration of the infringement - Attenuating circumstances - Cooperation)
   2011/C 340/29
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Transcatab SpA (Caserta, Italy) (represented by: C. Osti and A. Prastaro, lawyers)
   
      Defendant: European Commission (represented initially by F. Amato, subsequently by V. Di Bucci, and lastly by É. Gippini Fournier and L. Malferrari, Agents, assisted by F. Ruggeri Laderchi, lawyer)
   
      Re:
   
   APPLICATION (i) for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy); (ii) for a reduction in the fine imposed on Transcatab by that decision; and (iii) by way of counterclaim by the Commission, for the amount of that fine to be increased.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Dismisses the European Commission’s counterclaim;
            
         
               3.
            
            
               Orders Transcatab to bear its own costs and to pay 90 % of the costs incurred by the Commission;
            
         
               4.
            
            
               Orders the Commission to pay 10 % of its own costs.
            
         
      (1)  OJ C 86, 8.4.2006.