Judgment of the General Court of 16 September 2013 – Laufen Austria v Commission
(Case T-411/10) 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 unlawful conduct – Fines – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Multipliers – Mitigating circumstances – Economic crisis – Pressure exerted by wholesalers – 2002 Leniency Notice – Reduction of the fine – Significant added value)
Language of the case: Spanish
Parties
Applicant: Laufen Austria AG (Wilhelmsburg, Austria) (represented by: E. Navarro Varona and L. Moscoso del Prado González, lawyers)
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:
Dismisses the action;
Orders Laufen Austria AG to bear its own costs and to pay those of the European Commission.
________________________1 OJ C 301, 6.11.2010.