1. 

Appeal—Grounds—Insufficient statement of reasons—Admissibility

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.,)

(see para. 42)

2. 

Actions for annulment—Jurisdiction of the EU judicature—Substitution of an institution’s grounds for a decision—Not permissible

(Arts 263 TFEU and 264 TFEU)

(see para. 43)

3. 

Competition—EU rules—Infringements—Attribution—Parent company and subsidiaries—Economic unit—Criteria for assessment—Exercise of decisive influence on the conduct of a subsidiary that may be inferred from a body of evidence relating to the economic, organisational and legal links with the parent company

(Art. 101(1) TFEU)

(see paras 45-47, 66, 78)

4. 

Competition—EU rules—Infringements—Attribution—Parent company and subsidiaries—Economic unit—Joint control by two independent parent companies—Joint and several liability of parent companies for the unlawful conduct of their joint subsidiary

(Art. 101(1) TFEU)

(see paras 48-51)

5. 

Competition—Agreements, decisions and concerted practices—Concerted practice—Evidence of the infringement—Burden of proof

(Art. 101(1) TFEU)

(see para. 52)

6. 

Appeal—Grounds—Incorrect assessment of the facts and evidence—Inadmissibility—Review by the Court of the assessment of the facts and evidence—Possible only where the clear sense of the evidence has been distorted—Plea alleging distortion of the facts—Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d))

(see para. 54)

1.

Dismisses the appeal;

2.

Orders Toshiba Corp. to pay the costs.