Judgment of the General Court of 17 May 2013 - Parker ITR and Parker-Hannifin v Commission
(Case T-146/09)
(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Attributability of unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Legal certainty - Ceiling of 10% - Mitigating circumstances - Cooperation)
Language of the case: English
Parties
Applicants: Parker ITR Srl (Veniano, Italy) and Parker-Hannifin Corp. (Mayfield Heights, Ohio, United States) (represented by: B. Amory, F. Marchini Càmia, and F. Amato, lawyers)
Defendant: European Commission (represented: initially by N. Khan, V. Bottka and S. Noë, and subsequently by V. Bottka, S. Noë and R. Sauer, acting as Agents)
Re:
Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 - Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision
Operative part of the judgment
The Court:
Annuls Article 1(i) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 - Marine hoses), in so far as in that decision the European Commission found that Parker ITR Srl had participated in the infringement in respect of the period before 1 January 2002;
Annuls Article 2(e) of Decision C(2009) 428 final;
Sets the amount of the fine imposed on Parker ITR at EUR 6 400 000, of which Parker-Hannifin Corp. is jointly and severally liable for EUR 6 300 000;
Dismisses the action as to the remainder;
Orders the Commission to bear its own costs and to pay those incurred by Parker ITR and Parker-Hannifin.
____________1 - OJ C 141, 20.6.2009.