Judgment of the General Court (Fifth Chamber) of 24 November 2011 – EFIM v Commission

(Case T-296/09)

Competition – Concerted practice – Abuse of a dominant position – Markets for ink cartridges – Decision rejecting a complaint – No Community interest

1.                     Procedure – Producing evidence – Time-limit – Evidence lodged out of time – Conditions (Rules of Procedure of the General Court, Art. 48(1)) (see para. 22)

2.                     European Union law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the administration (see para. 30)

3.                     Competition – Administrative procedure – Examination of complaints – Determination of priorities by the Commission – Taking into account the Community interest in investigating a case – Discretion of the Commission – Duty to state reasons for a decision to take no further action – Judicial review – Scope and limits (Arts 81 EC, 82 EC, 85(1) EC and 253 EC; Commission Regulation No 773/2004, Art. 7(2)) (see paras 38-40, 59)

4.                     Competition – Administrative procedure – Examination of complaints – Examination of only those elements of fact and law brought to the knowledge of the Commission (Arts 81 EC and 82 EC; Commission Regulation No 773/2004, Art. 7(2)) (see para. 41)

5.                     Competition – Dominant position – Collective dominant position – Concept – Collective entity – Conditions (Art. 82 EC) (see para. 71)

6.                     Competition – Dominant position – Existence – Large market share – Insufficient evidence (Art. 82 EC) (see para. 79)

Re:

APPLICATION for annulment of Commission Decision C (2009) 4125 of 20 May 2009 rejecting complaint COMP/C‑3/39.391 concerning purported infringements of Articles 81 EC and 82 EC by Hewlett‑Packard, Lexmark, Canon and Epson in the market for ink cartridges.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders the European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to bear its own costs and to pay the costs incurred by the European Commission;

3.

Orders Lexmark International Technology SA to bear its own costs.