Judgment of the General Court (Eighth Chamber) of 12 July 2018 –
Taihan Electric Wire v Commission
(Case T‑446/14)
(Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Insurmountable barriers to entry — Inapplicability of Article 101 — Duration of involvement — Equal treatment — Calculation of the fine — Value of sales — Gravity of the infringement — Mitigating circumstances — Unlimited jurisdiction)
1. Agreements, decisions and concerted practices — Adverse effect on competition — Criteria for assessment — Agreement to protect European producers on their territory from real or potential competition from foreign producers — Sufficient finding in the absence of insurmountable barriers to entry to the European market for those foreign producers
(Art. 101(1) TFEU)
(see paras 34-44)
2. Agreements, decisions and concerted practices — Prohibition — Infringements — Agreements and concerted practices constituting a single infringement — Attribution of liability for the entire infringement to a single undertaking — Conditions — Unlawful practices and conduct forming part of an overall plan — Assessment — Criteria — Contribution to the single objective of the infringement
(Art. 101(1) TFEU)
(see paras 51-55)
3. Agreements, decisions and concerted practices — Agreements between undertakings — Meaning — Participation in meetings having an anti-competitive object — Included — Condition — Undertaking concerned not distancing itself from the decisions adopted — Criteria for assessment
(Art. 101(1) TFEU)
(see paras 71-77)
4. Agreements, decisions and concerted practices — Prohibition — Infringements — Justification — Threats and pressure exerted on an undertaking — Irrelevant
(Art. 101(1) TFEU)
(see para. 78)
5. Competition — Administrative procedure — Commission decision finding an infringement — Burden of proving the infringement and its duration on the Commission — Extent of the burden of proof — Evidence of the cessation of the infringement
(Art. 101(1) TFEU)
(see paras 84-98)
6. Competition — Fines — Assessment by reference to the individual conduct of the undertaking — Irrelevant that no sanction brought against another economic operator — None — Compliance with the principle of equal treatment having to be reconciled with the principle of legality
(Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2))
(see paras 106-110)
7. Competition — Fines — Amount — Determination — Determination of the basic amount — Determination of the value of sales — Sales carried out in direct or indirect relation to the infringement — Account taken of sales made globally in order to reflect the relative weight of each undertaking in the infringement — Respect for the principles of proportionality and equal treatment
(Council Regulation No 1/2003, Art. 23(2) and (3); Commission notice 2006/C 210/02, points 13 and 18)
(see paras 117-126, 130-138)
8. Competition — Fines — Amount — Determination — Determination of the basic amount — Gravity of the infringement — ‘Entry fee’ — Factors to be taken into consideration
(Council Regulation No 1/2003, Art. 23(2) and (3); Commission notice 2006/C 210/02, points 20 to 23 and 25)
(see paras 144-153)
9. Competition — Fines — Amount — Determination — Adjustment of the basic amount — Mitigating circumstances — Conduct deviating from that agreed within the cartel
(Council Regulation No 1/2003, Art. 23(2) and (3); Commission notice 2006/C 210/02, point 29)
(see para. 172)
10. Competition — Fines — Amount — Determination — Adjustment of the basic amount — Mitigating circumstances — Threats and pressure exerted on an undertaking — Not included
(Council Regulation No 1/2003, Art. 23(2) and (3); Commission notice 2006/C 210/02, point 29)
(see paras 173-176)
Re:
| Application under Article 263 TFEU for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant. |
Operative part
The Court:
2. | | Orders Taihan Electric Wire Co. Ltd to pay the costs. |