Judgment of the General Court of 29 February 2016 — Deutsche Bahn and Others v Commission
(Case T-267/12) 1
(Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Evidence contained in an application for immunity — Protection of the confidentiality of communications between lawyers and clients — Code of Conduct rules on the duty of loyalty and prohibition on double representation — Fiduciary duties — Whether unlawful conduct can be attributed — Choice of companies — Fines — Proportionality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Cooperation — Partial immunity from a fine — Unlimited jurisdiction — Settlement — 2006 Guidelines on the method of setting fines)
Language of the case: English
Parties
Applicants: Deutsche Bahn and Others (Berlin, Germany), Schenker AG (Essen, Germany), Schenker China Ltd (Shanghai, China), and Schenker International (HK) Ltd (Hong Kong, China) (represented by: F. Montag, B. Kacholdt, F. Hoseinian, lawyers, and by D. Colgan and T. Morgan, Solicitors)
Defendant: European Commission (represented by: initially by A. Dawes and N. von Lingen, and subsequently by A. Dawes and G. Meessen, acting as Agents, and by B. Kennelly and H. Mussa, Barristers)
Re:
Application for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicants, and for variation of the fines imposed on them in that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Deutsche Bahn AG, Schenker AG, Schenker China Ltd and Schenker International (HK) Ltd to pay the costs.
____________1 OJ C 243, 11.8.2012.