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.