Judgment of the General Court of 19 January 2016 — Toshiba v Commission

(Case T-404/12) (1)

((Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - New decision taken following annulment in part of the initial decision by the Court - Fines - Rights of the defence - Obligation to state reasons - Equal treatment - Starting amount - Extent of contribution to the infringement))

(2016/C 078/20)

Language of the case: English

Parties

Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: J. MacLennan, Solicitor, A. Schulz and S. Sakellariou, lawyers)

Defendant: European Commission (represented by: N. Khan and F. Ronkes Agerbeek, acting as Agents)

Re:

Application, principally, for the annulment of Commission Decision C(2012) 4381 of 27 June 2012 amending Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] (now Article 101 TFEU) and Article 53 of the EEA Agreement to the extent that it was addressed to Mitsubishi Electric Corp. and Toshiba Corp. (Case COMP/39.966 — Gas Insulated Switchgear — Fines), and, in the alternative, for the reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

(1)  OJ C 343, 10.11.2012.