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Document 62006TA0039

Case T-39/06: Judgment of the General Court of 5 October 2011 — Transcatab v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Attributability of the unlawful conduct — Fines — Proportionality — Gravity and duration of the infringement — Attenuating circumstances — Cooperation)

OJ C 340, 19.11.2011, pp. 15–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

19.11.2011   

EN

Official Journal of the European Union

C 340/15


Judgment of the General Court of 5 October 2011 — Transcatab v Commission

(Case T-39/06) (1)

(Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Attributability of the unlawful conduct - Fines - Proportionality - Gravity and duration of the infringement - Attenuating circumstances - Cooperation)

2011/C 340/29

Language of the case: Italian

Parties

Applicant: Transcatab SpA (Caserta, Italy) (represented by: C. Osti and A. Prastaro, lawyers)

Defendant: European Commission (represented initially by F. Amato, subsequently by V. Di Bucci, and lastly by É. Gippini Fournier and L. Malferrari, Agents, assisted by F. Ruggeri Laderchi, lawyer)

Re:

APPLICATION (i) for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy); (ii) for a reduction in the fine imposed on Transcatab by that decision; and (iii) by way of counterclaim by the Commission, for the amount of that fine to be increased.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Dismisses the European Commission’s counterclaim;

3.

Orders Transcatab to bear its own costs and to pay 90 % of the costs incurred by the Commission;

4.

Orders the Commission to pay 10 % of its own costs.


(1)  OJ C 86, 8.4.2006.


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