Appeal brought on 21 December 2021 by Amazon.com, Inc., Amazon Services LLC, Amazon EU Sàrl, Amazon Europe Core Sàrl against the order of the General Court (First Chamber) delivered on 14 October 2021 in Case T-19/21, Amazon.com and Others v Commission

(Case C-815/21 P)

Language of the case: English

Parties

Appellants: Amazon.com, Inc., Amazon Services LLC, Amazon EU Sàrl, Amazon Europe Core Sàrl (represented by: A. Komninos, dikigoros, G. Tantulli, abogado)

Other party to the proceedings: European Commission

Form of order sought

The Appellants claim that the Court should:

set aside the order under appeal ;

dismiss the plea of inadmissibility in its entirety ;

refer the case back to the General Court in order for the latter to examine the substance of the Application.

Pleas in law and main arguments

The Appellants claim that the order under appeal infringed Article 263 TFEU by concluding that the measure contested in the Application did not produce legal effects. Such infringement is the result of an erroneous interpretation of Article 11(6) of Regulation 1/2003¹ , which accords undertakings legal protection from parallel antitrust proceedings as between the Commission and national competition authorities. The order under appeal failed to recognize that the contested measure deprived Amazon of that protection.

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¹ 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).