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Document 62016TA0008

    Case T-8/16: Judgment of the General Court of 12 July 2019 — Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission (Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to procurement events organised by two computer manufacturers — Breach of essential procedural requirements and of the rights of the defence — Jurisdiction of the Commission — Geographic scope of the infringement — Single and continuous infringement — Principle of good administration — 2006 Guidelines on the method of setting fines)

    OJ C 328, 30.9.2019, p. 38–38 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.9.2019   

    EN

    Official Journal of the European Union

    C 328/38


    Judgment of the General Court of 12 July 2019 — Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission

    (Case T-8/16) (1)

    (Competition - Agreements, decisions and concerted practices - Market for optical disk drives - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Collusive agreements relating to procurement events organised by two computer manufacturers - Breach of essential procedural requirements and of the rights of the defence - Jurisdiction of the Commission - Geographic scope of the infringement - Single and continuous infringement - Principle of good administration - 2006 Guidelines on the method of setting fines)

    (2019/C 328/40)

    Language of the case: English

    Parties

    Applicants: Toshiba Samsung Storage Technology Corp. (Tokyo, Japan) and Toshiba Samsung Storage Technology Korea Corp. (Suwon-si, South Korea) (represented initially by M. Bay, J. Ruiz Calzado, A. Aresu and A. Scordamaglia-Tousis, and subsequently by M. Bay, J. Ruiz Calzado and A. Aresu, lawyers)

    Defendant: European Commission (represented initially by N. Khan, A. Biolan and M. Farley, and subsequently by A. Biolan, M. Farley and A. Cleenewerck de Crayencour, Agents,)

    Re:

    Action under Article 263 TFEU seeking, principally, annulment in whole or in part of Commission Decision C(2015) 7135 final of 21 October 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39639 — Optical disk drives), or, in the alternative, a reduction of the amount of the fine imposed on the applicants.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. to bear their own costs and pay the costs incurred by the European Commission.


    (1)  OJ C 98, 14.3.2016.


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