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Document 62018CJ0582
Judgment of the Court (Seventh Chamber) of 19 December 2019.
Viscas Corp. v European Commission.
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment.
Case C-582/18 P.
Judgment of the Court (Seventh Chamber) of 19 December 2019.
Viscas Corp. v European Commission.
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment.
Case C-582/18 P.
ECLI identifier: ECLI:EU:C:2019:1133
Judgment of the Court (Seventh Chamber) of 19 December 2019 — Viscas v Commission
(Case C‑582/18 P) ( 1 )
(Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment)
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1. |
Appeal — Grounds — Inadequate statement of reasons — Separate ground from the one concerning substantive legality (Art. 296 TFEU; Statute of the Court of Justice, Arts 36 and 58, first para.) (see para. 41) |
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2. |
Competition — Fines — Amount — Determination — Determination of the basic amount — Determination of the value of sales — Sales carried out in direct or indirect relation to the infringement — Account taken of sales made at the worldwide level in order to reflect the relative importance of each undertaking in the infringement — Respect for the principle of equal treatment — Account taken of the differences between and the circumstances of the undertakings concerned at another stage of the calculation of the fine — Whether permissible (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 13 and 18) (see paras 47-59) |
Operative part
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Viscas Corp. to bear its own costs and to pay those incurred by the European Commission; |
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3. |
Orders Furukawa Electric Co. Ltd to bear its own costs. |
( 1 ) OJ C 427, 26.11.2018.