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Document 62013CA0286

    Case C-286/13 P: Judgment of the Court (Second Chamber) of 19 March 2015 — Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Obligation to state reasons — Belated statement of reasons — Belated submission of evidence — Rights of defence — Principle of equality of arms — Principles governing the establishment of the facts — Distortion of the facts — Assessment of the evidence — Market structure — Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object — Burden of proof — Calculation of the fine — Whether sales made by subsidiaries not involved in the infringement are to be taken into account — Sales of the same bananas counted twice)

    OJ C 155, 11.5.2015, p. 3–3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    11.5.2015   

    EN

    Official Journal of the European Union

    C 155/3


    Judgment of the Court (Second Chamber) of 19 March 2015 — Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG v European Commission

    (Case C-286/13 P) (1)

    ((Appeals - Competition - Agreements, decisions and concerted practices - European banana market - Coordination in the setting of quotation prices - Obligation to state reasons - Belated statement of reasons - Belated submission of evidence - Rights of defence - Principle of equality of arms - Principles governing the establishment of the facts - Distortion of the facts - Assessment of the evidence - Market structure - Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object - Burden of proof - Calculation of the fine - Whether sales made by subsidiaries not involved in the infringement are to be taken into account - Sales of the same bananas counted twice))

    (2015/C 155/03)

    Language of the case: English

    Parties

    Appellants: Dole Food Company, Inc., Dole Fresh Fruit Europe, formerly Dole Germany OHG (represented by: J.-F. Bellis, lawyer)

    Other party to the proceedings: European Commission (represented by: M. Kellerbauer and P. Van Nuffel, acting as Agents)

    Operative part of the judgment

    The Court:

    1)

    Dismisses the appeal;

    2)

    Orders Dole Food Company, Inc., and Dole Fresh Fruit Europe, formerly Dole Germany OHG, to bear the costs jointly and severally.


    (1)  OJ C 252, 31.8.2013.


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