Judgment of the Court (Fourth Chamber) of 16 June 2022 — Quanta Storage Inc. v European Commission

(Case C-699/19 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Optical disk drives - Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 - Single and continuous infringement - Definition - Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers)

(2022/C 294/05)

Language of the case: English

Parties

Appellant: Quanta Storage Inc. (represented by: O. Geiss, Rechtsanwalt, B. Hartnett, avocat, T. Siakka, Solicitor, and W. Sparks, advocaat)

Other party to the proceedings: European Commission (represented by: P. Berghe, M. Farley, F. van Schaik and C. Zois, acting as Agents)

Operative part of the judgment

The Court:

1.	Sets aside the judgment of the General Court of the European Union of 12 July 2019, Quanta Storage v Commission (T-772/15, EU:T:2019:519);

Annuls Article 1(h) 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) in so far as it finds that Quanta Storage Inc. infringed Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 by participating, from 14 February to 28 October 2008, in several separate infringements;

3.	Dismisses the action as to the remainder;

4.	Orders the European Commission to bear its own costs relating to both the proceedings at first instance and the appeal proceedings and to pay all the costs incurred by Quanta Storage Inc. in the present appeal and half of the costs which it incurred at first instance;

5.	Orders Quanta Storage Inc. to bear half of its own costs relating to the proceedings at first instance.

(1) OJ C 406, 2.12.2019.