Judgment of the Court of First Instance of 30 April 2009 — Itochu v Commission

(Case T-12/03) (1)

(Competition - Agreements, decisions and concerted practices - Market for video games consoles and games cartridges compatible with Nintendo games consoles - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Attributability of the infringement - Fines - Differential treatment - Deterrent effect - Duration of the infringement - Attenuating circumstances - Cooperation during the administrative procedure)

2009/C 141/74

Language of the case: English

Parties

Applicant: Itochu Corp. (Tokyo, Japan) (represented by: Y. Shibasaki G. van Gerven, T. Franchoo, lawyers)

Defendant: Commission of the European Communities (represented initially by P. Hellström and O. Beynet, and subsequently by F. Castillo de la Torre and O. Beynet, Agents)

Re:

Application for the annulment of Articles 1, 3 and 5 of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33), in so far as they relate to the applicant, or, in the alternative, reduction of the amount of the fine imposed on it.

Operative part of the judgment

The Court:

(1)  OJ C 55, 8.3.2003.