Judgment of the General Court of 31 January 2024 – Italia Wanbao-ACC v Commission
(Case T-583/20) 1
(Competition – Concentrations – Market for hermetic variable speed household refrigeration compressors – Decision amending the commitments made binding – General conditions for reviewing commitments – More targeted review clause – Condition relating to change in the structure of the market – Error of law)
Language of the case: Italian
Parties
Applicant: Italia Wanbao-ACC Srl (Borgo Valbelluna, Italy) (represented by: P. Ferrari and F. Filì, lawyers)
Defendant: European Commission (represented by: B. Ernst, S. Baches Opi and G. Conte, acting as Agents)
Intervener in support of the defendant: Nidec Corp. (Kyoto, Japan) (represented by: F. Montag and A. Van Cauwelaert, lawyers)
Re:
By its application based on Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 3118 final of 15 May 2020 amending the commitments made binding by Decision C(2019) 2734 final of 12 April 2019, which authorised the concentration in Case M.8947, Nidec v Whirlpool (Embraco Business).
Operative part of the judgment
The Court:
Annuls Commission Decision C(2020) 3118 final of 15 May 2020 amending the commitments made binding by Decision C(2019) 2734 final of 12 April 2019, which authorised the concentration in Case M.8947 Nidec v Whirlpool (Embraco Business);
Orders the European Commission to bear its own costs and to pay those incurred by Italia Wanbao-ACC Srl;
Orders Nidec Corporation to bear its own costs.
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1 OJ C 378, 9.11.2020.