31.3.2012   

EN

Official Journal of the European Union

C 98/26

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Order the defendant to produce the questionnaires sent by it to third parties during the first phase and second phase of its investigation into the proposed acquisition by Seagate of the hard disk drive business of Samsung Electronics Co. Ltd;

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Order the defendant to grant access to its pre-notification and post-notification file in the Seagate/Samsung transaction, including, in particular, access to the non-confidential versions of any correspondence and records of contacts between Seagate, Samsung, and the Commission until the notification date, and any internal communications within the Commission — in both the Seagate/Samsung and Western Digital Ireland/Viviti Technologies cases — concerning the prioritization of the two transactions;

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Annul Articles 2 and 3 of the decision of the European Commission of 23 November 2011 in Case COMP/M.6203 — Western Digital Ireland/Viviti Technologies, relating to a proceeding under Council Regulation (EC) No 139/2004 (1) and, to the extent necessary, Article 1 of that decision; and

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Order the defendant to pay the costs of the present proceedings.

1.

First plea in law, alleging that the contested decision is vitiated by the adoption and/or application of the so-called ‘priority rule’, as:

2.

Second plea in law, alleging that the contested decision is vitiated by the fact that the applicants were precluded from exercising their right of defence, as:

3.

Third plea in law, alleging that in the contested decision the defendant makes errors of law and relies on evidence that is factually inaccurate, unreliable, and not capable of substantiating the conclusions drawn from it, and is based on errors of law.

4.

Fourth plea in law, alleging that the contested decision breaches a fundamental principle of EU law because it imposes disproportionate remedies.