Language of document :

Judgment of the Court of First Instance (Fourth Chamber) of 15 March 2006 - Daiichi Pharmaceutical v Commission

(Case T-26/02) 1

(Competition - Cartels in the vitamin products sector - Guidelines on the method of setting fines - Determination of the starting amount of the fine - Attenuating circumstances - Leniency Notice)

Language of the case: English

Parties

Applicant: Daiichi Pharmaceutical Co. Ltd (Tokyo, Japan) (represented by: J.Buhart and P.-M.Louis, lawyers)

Defendant: Commission of the European Communities (represented by: R.Wainwright and L.Pignataro-Nolin, agents)

Re:

APPLICATION for annulment or reduction of the fine imposed on the applicant by Article 3(f) of Commission Decision 2003/2/EC of 21 November 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/37.512 - Vitamins) (OJ 2003 L 6, p. 1),

Operative part of the judgment

The Court:

1)    Reduces to EUR 18 000 000 the fine imposed on the applicant by Article 3(f) of Commission Decision 2003/2/EC of 21 November 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/37.512 - Vitamins);

2)    Dismisses the remainder of the application;

3)    Orders the applicant to bear four fifths of its own costs and to pay four fifths of the costs incurred by the Commission and the Commission to bear one fifth of its own costs and to pay one fifth of the costs incurred by the applicant.

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1 - OJ C 97, 30.4.2002