Judgment of the General Court of 12 July 2011 - Mitsubishi Electric v Commission
(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Duration of the infringement - Fines - Starting amount - Reference year - Equal treatment)
Language of the case: English
Parties
Applicant: Mitsubishi Electric Corp. (Tokyo, Japan) (represented by: R. Denton, Solicitor, and K. Haegeman, lawyer)
Defendant: European Commission (represented by: F. Arbault and J. Samnadda, then X. Lewis, and subsequently P. Van Nuffel and J. Bourke, and finally P. Van Nuffel and N. Khan, Agents)
Re:
APPLICATION, primarily, for the annulment of Commission Decision C (2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 - Gas insulated switchgear) to the extent to which it concerns the applicant and TM T & D, in the alternative, for the annulment of Article 2(g) of that decision and Article 2(h) thereof, to the extent to which it concerns the applicant and, in the further alternative, amendment of Article 2 of that decision so as to cancel or, failing which, reduce the fine imposed on the applicant.
Operative part of the judgment
The Court:
Annuls Article 2(g) and (h) of Commission Decision C (2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 - Gas insulated switchgear) in so far as it concerns Mitsubishi Electric Corp;
Dismisses the action as to the remainder;
Orders Mitsubishi Electric to bear three quarters of the costs incurred by the parties before the Court;
Orders the European Commission to bear a quarter of the costs incurred by the parties before the Court.
____________1 - OJ C 140, 23.6.2007.