Appeal brought on 21 September 2018 by The Goldman Sachs Group Inc. against the judgment of the General Court (Eighth Chamber) delivered on 12 July 2018 in Case T-419/14: The Goldman Sachs Group v European Commission

(Case C-595/18 P)

Language of the case: English

Parties

Appellant: The Goldman Sachs Group Inc. (represented by: A. Mangiaracina, avvocatessa, J. Koponen, advokat)

Other parties to the proceedings: European Commission, Prysmian SpA, Prysmian Cavi e Sistemi Srl

Form of order sought

The appellant claims that the Court should:

set aside the judgment under appeal;

annul, in whole or in part (e.g. from May 2007 or November 2007 onwards, where GS Group and its affiliates held only around 45% and 26% of Prysmian’s shares respectively), Articles 1, 2, 3 and 4 of Commission Decision C(2014) 2139¹ dated 2 April 2014 insofar as they concern the appellant; and/or

reduce the fine imposed on the appellant by Article 2 of Commission Decision C(2014) 2139 dated 2 April 2014; and

order the Commission to pay the costs of the proceedings at first instance and on appeal.

Pleas in law and main arguments

First Plea: The General Court misapplied Article 101 TFEU and Article 23.2 of Regulation 1/2003² by holding the appellant liable for an infringement committed by Prysmian from 29 July 2005 to 3 May 2007 (“the pre-IPO period”).

Second Plea: The appellant did not exercise decisive influence in the sense required by the case law between 3 May 2007 to 28 January 2009 (“the post-IPO period”).

Third Plea: Request that the Court of Justice affords the appellant the benefit of any reduction of the fine granted to Prysmian.

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¹ Commission Decision of 2 April 2014 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39610 — Power Cables).

² Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003, L 1, p. 1).