Judgment of the General Court of 27 June 2012 - Berning & Söhne v Commission
(Case T-445/07)
(Competition - Agreements and concerted practices - Markets in zip fasteners and 'other fasteners' and attaching machines - Decision finding an infringement of Article 81 EC - Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information - Proof - Rights of the defence - Single and continuing infringement - Time-bar - Fines - Duration and gravity of the infringement - Mitigating circumstances - Equal treatment - Proportionality)
Language of the case: German
Parties
Applicant: Berning & Söhne GmbH & Co. KG (Wuppertal, Germany) (represented by: P. Niggemann and K. Gaßner, lawyers)
Defendant: European Commission (represented by: K. Mojzesowicz and R. Sauer, agents)
Re:
Application for annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 - PO/Hard Haberdashery: Fasteners) or, in the alternative, reduction of the amount of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Berning & Söhne GmbH & Co. KG to pay the costs.
____________1 - OJ C 37, 9.2.2008.