Judgment of the General Court of 27 September 2012 — Vermeer Infrastructuur v Commission

(Case T-353/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Existence and classification of an agreement - Restriction of competition - Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements - Calculation of the amount of the fines - Gravity and duration of the infringement - Obligation to state reasons - Rights of the defence)

2012/C 355/29

Language of the case: Dutch

Parties

Applicant: Vermeer Infrastructuur BV (Hoofddorp, Netherlands) (represented by: M. Slotboom, lawyer)

Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in particular in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

(1)  OJ C 20, 27.1.2007.