Judgment of the General Court of 9 September 2015 — Panasonic and MT Picture Display v Commission
(Case T-82/13) 1
(Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Rights of the defence — Proof of participation in the cartel — Single and continuous infringement — 2006 Guidelines on the method of setting fines — Proportionality — Fines — Unlimited jurisdiction)
Language of the case: English
Parties
Applicants: Panasonic Corp. (Kadoma, Japan); and MT Picture Display Co. Ltd (Matsuocho, Japan) (represented by: R. Gerrits and A.-H. Bischke, lawyers, M. Hoskins QC, and S.K. Abram, Barrister)
Defendant: European Commission (represented by: A. Biolan, M. Kellerbauer and G. Koleva, acting as Agents)
Re:
Application for, primarily, annulment of Commission Decision C(2012) 8839 final of 5 December 2012 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.437 — TV and Computer Monitor Tubes), in so far as it concerns the applicants, or, in the alternative, a reduction of the amount of the fine imposed on the applicants.
Operative part of the judgment
The Court:
Sets the amount of the fines imposed by Article 2(2)(f), (h) and (i) of Commission Decision C(2012) 8839 final of 5 December 2012 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.437 — TV and Computer Monitor Tubes) at EUR 128 866 000, so far as concerns Panasonic Corp., for its direct participation in the infringement concerning the colour picture tubes for television sets market; at EUR 82 826 000, so far as concerns Panasonic, Toshiba Corp. and MT Picture Display Co. Ltd, jointly and severally, and at EUR 7 530 000, so far as concerns Panasonic and MT Picture Display, jointly and severally;
Dismisses the action as to the remainder;
Orders each party to bear its own costs.
____________1 OJ C 101, 6.4.2013.