Judgment of the General Court of 9 September 2015 — Samsung SDI and Others v Commission
(Case T-84/13) 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 — Single and continuous infringement — Duration of the infringement — Cooperation during the administrative procedure — 2006 Leniency Notice — Reduction of the fine — Calculation of the fine — Taking account of undertakings’ sales according to the place of delivery — Taking account of the average value of sales recorded during the infringement period)
Language of the case: English
Parties
Applicants: Samsung SDI Co. Ltd (Gyeonggi-do, Republic of Korea); Samsung SDI Germany GmbH (Berlin, Germany); and Samsung SDI (Malaysia) Bhd (Negeri Sembilan Darul Khusus, Malaysia) (represented initially by G. Berrisch, lawyer, D. Hull, Solicitor, and L.-A. Grelier, lawyer, then by D. Hull and L.-A. Grelier, and subsequently by L.-A. Grelier, D. Geradin, J. Ysewyn, P. Camesasca, lawyers, and J. Flynn QC)
Defendant: European Commission (represented by: A. Biolan, G. Meessen and H. van Vliet, acting as Agents)
Re:
Application for annulment in part 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) and for a reduction of the fines imposed on the applicants.
Operative part of the judgment
The Court:
Declares that there is no longer any need to adjudicate on the action in so far as it concerns Samsung SDI Germany GmbH;
Dismisses the action as to the remainder;
Orders Samsung SDI Co. Ltd and Samsung SDI (Malaysia) Bhd to pay the costs.
____________1 OJ C 108, 13.4.2013.