Judgment of the General Court of 16 September 2013 – Roca v Commission
(Case T-412/10) 1
(Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of the unlawful conduct – Fines – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Mitigating circumstances – Economic crisis – 2002 Leniency Notice – Reduction of the fine – Significant added value)
Language of the case: Spanish
Parties
Applicant: Roca (Saint Ouen l’Aumône, France) (represented by: P. Vidal Martínez, lawyer)
Defendant: European Commission (represented: initially by F. Castillo de la Torre, A. Antoniadis and F. Castilla Contreras, and subsequently by F. Castillo de la Torre, A. Antoniadis and F. Jimeno Fernández, acting as Agents)
Re:
Application for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 – Bathroom Fittings and Fixtures), and for reduction of the fine imposed on the applicant in that decision.
Operative part of the judgment
The Court:
Annuls Article 2(4)(b) of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 – Bathroom Fittings and Fixtures) in so far as the European Commission set the amount of the fine to be imposed on Roca jointly and severally without taking account of its cooperation;
Sets the amount of the fine imposed on Roca in Article 2(4)(b) of Decision C(2010) 4185 final at EUR 6 298 000;
Dismisses the action as to the remainder;
Orders the Commission to pay one third of the costs incurred by Roca and to bear its own costs;
Orders Roca to bear two thirds of its own costs.
________________________1 OJ C 301, 6.11.2010.