Judgment of the Court (Sixth Chamber) of 13 December 2017.Telefónica SA v European Commission.Appeal — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause contained in an agreement entered into between two companies — Restriction by object — Rights of defence — Refusal to hear witnesses — Fines — Gravity of the infringement — Mitigating circumstances).Case C-487/16 P.

Judgment // 13/12/2017 // 2 min read
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Judgment of the Court (Sixth Chamber) of 13 December 2017 — Telefónica v Commission

(Case C‑487/16 P) ( 1 )

Appeal — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause contained in an agreement entered into between two companies — Restriction by object — Rights of defence — Refusal to hear witnesses — Fines — Gravity of the infringement — Mitigating circumstances)

  1. Appeal—Grounds—Incorrect assessment of the facts and evidence—Inadmissibility—Review by the Court of the assessment of the facts and evidence—Possible only where the clear sense of the evidence has been distorted

(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 38-42, 56-61, 64-68)

  1. Agreements, decisions and concerted practices—Adverse effect on competition—Criteria for assessment—Anti-competitive object—Market-sharing agreements—Particularly serious infringement

(Art. 101(1) TFEU)

(see paras 62, 63)

  1. Appeal—Jurisdiction of the Court—Review of the assessment carried out by the Commission of the gravity of the infringement for the purpose of setting the fine—Not included—Review limited to ascertaining whether the General Court took into account all the factors essential to the assessment of the gravity of the infringement and all the arguments raised against the fine imposed

(Art. 101 TFEU; Statute of the Court of Justice, Art. 58, first para.; Council Regulation No 1/2003, Art. 23)

(see para. 78)

  1. Appeal—Grounds—Plea submitted for the first time in the context of the appeal—Inadmissibility

(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 83, 84)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Telefónica SA to pay the costs.

( 1 ) OJ C 428, 21.11.2016.

Competition