Judgment of the General Court of 17 May 2013 - Trelleborg Industrie and Trelleborg v Commission
(Joined Cases T-147/09 and T-148/09)
(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Legal certainty - Equal treatment - Fines - Gravity and duration of the infringement)
Language of the case: English
Parties
Applicants: Trelleborg Industrie SAS (Clermont-Ferrand, France) (Case T-147/09); and Trelleborg AB (Trelleborg, Sweden) (Case T-148/09) (represented by: J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer)
Defendant: European Commission (represented by: N. Khan, V. Bottka and S. Noë, acting as Agents)
Re:
Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 - Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision
Operative part of the judgment
The Court:
Annuls Article 1(g) and (h) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 - Marine hoses), in so far as it applies to the period from 13 May 1997 to 21 June 1999;
Dismisses the actions as to the remainder;
Orders each party to bear its own costs.
____________1 - OJ C 153, 4.7.2009.