Judgment of the General Court of 16 September 2013 – Wabco Europe and Others v Commission
(Case T-380/10) 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 – Distortion of competition – Proof – Calculation of the fine – Cooperation during the administrative procedure – 2002 Leniency Notice – Immunity from fines – Reduction of the fine – Significant added value – 2006 Guidelines on the method of setting fines – Principle of non-retroactivity)
Language of the case: English
Parties
Applicants: Wabco Europe (Brussels, Belgium); Wabco Austria GesmbH (Vienna, Austria); Trane Inc. (Piscataway, New Jersey, United States); Ideal Standard Italia Srl (Milan, Italy); Ideal Standard GmbH (Bonn, Germany) (represented by: S. Völcker, F. Louis, A. Israel, N. Niejahr, lawyers, C. O’Daly, E. Batchelor, Solicitors, and F. Carlin, Barrister)
Defendant: European Commission (represented by: F. Castillo de la Torre, F. Ronkes Agerbeek and G. Koleva, acting as Agents)
Re:
Application for annulment 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 it concerns the applicants, and for reduction of the fines imposed on them.
Operative part of the judgment
The Court:
Annuls points (3) and (4) of Article 1(1) 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 makes a finding of infringement against Trane Inc., Wabco Europe and Ideal Standard Italia Srl in respect of a cartel on the Italian market for ceramics for a period other than the period from 12 May 2000 to 9 March 2001;
Sets the amount of the fine imposed on Trane in Article 2(3)(a) of Decision C(2010) 4185 final at EUR 92 664 493;
Sets the amount of the fine imposed jointly and severally on Wabco Europe and Trane in Article 2(3)(b) of Decision C(2010) 4185 at EUR 15 820 767;
Sets the amount of the fine imposed jointly and severally on Ideal Standard Italia, Wabco Europe and Trane in Article 2(3)(e) of Decision C(2010) 4185 at EUR 4 520 220;
Dismisses the action as to the remainder;
Orders the Commission to pay half of the costs incurred by Wabco Europe, Wabco Austria GesmbH, Trane, Ideal Standard Italia and Ideal Standard GmbH and to bear its own costs;
Orders Wabco Europe, Wabco Austria, Trane, Ideal Standard Italia and Ideal Standard to bear half of their own costs.
________________________1 OJ C 288, 23.10.2010.