Judgment of the General Court of 16 June 2011 - Bavaria v European Commission
(Competition - Agreements, decisions and concerted practices - Netherlands beer market - Decision finding an infringement of Article 81 EC - Proof of the infringement - Access to the file - Fines - Principle of equal treatment - Reasonable period)
Language of the case: Dutch
Parties
Applicant: Bavaria NV (Lieshout, Netherlands) (represented initially by O. Brouwer, D. Mes, A. Stoffer, and subsequently by O. Brouwer, A. Steffens and P. Schepens, lawyers)
Defendant: European Commission (represented initially by A. Bouquet, S. Noë and A Nijenhuis, and subsequently by A. Bouquet and S. Noë, acting as Agents, and M. Slotboom, lawyer)
Re:
Application for partial annulment of Commission Decision C (2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 - Netherlands beer market) and, in the alternative, for reduction of the fine imposed on the applicant
Operative part of the judgment
The Court:
Annuls Article 1 of Commission Decision C (2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766) in so far as the European Commission found in it that Bavaria NV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual customers in the on-trade segment in the Netherlands;
Sets the amount of the fine imposed on Bavaria in Article 3(c) of Decision C (2007) 1697 at EUR 20 712 375;
Dismisses the remainder of the action;
Orders Bavaria to pay two-thirds of its own costs and of those of the European Commission;
Orders the Commission to pay one third of its own costs and of those of the European Commission.
____________1 - OJ C 211, 8.9.2007.