Judgment of the General Court of 19 January 2016 — Mitsubishi Electric v Commission
(Case T-409/12) 1
(Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Obligation to state reasons — Principle of good administration — Rights of the defence — Equal treatment — Proportionality — Erroneous application — Starting amount — Extent of contribution to the infringement — Deterrence multiplier)
Language of the case: English
Parties
Applicant: Mitsubishi Electric Corp. (Tokyo, Japan) (represented by: R. Denton, J. Vyavaharkar, R. Browne, L. Philippou, M. Roald, and J. Robinson, Solicitors, and K. Haegeman, lawyer)
Defendant: European Commission (represented by: N. Khan and P. Van Nuffel, acting as Agents)
Re:
Application, principally, for the annulment of Commission Decision C(2012) 4381 of 27 June 2012 amending Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] (now Article 101 TFEU) and Article 53 of the EEA Agreement to the extent that it was addressed to Mitsubishi Electric Corp. and Toshiba Corp. (Case COMP/39.966 — Gas Insulated Switchgear — Fines) in so far as it concerns the applicant and, in the alternative, for the amendment of Article 1 of that decision with a view to the annulment or, failing that, a reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mitsubishi Electric Corp. to pay the costs.
____________1 OJ C 343, 10.11.2012.