Notices for publication in the OJ nº T-876/19 of Tribunal General de la Unión Europea, February 07, 2020

• Resolution Date: February 07, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-876/19

Action brought on 23 December 2019 - Broadcom/Commission

(Case T-876/19)

Language of the case: English

Parties

Applicant: Broadcom Inc. (San Jose, California, United States) (represented by: L. Kjølbye, J. Ruiz Calzado, L. Crocco, lawyers, J. Bourke, and J. Holmes, Barristers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the Decision in whole or in part; and

order the Commission to pay Broadcom’s costs.

Pleas in law and main arguments

In its application, the applicant claims that the Court should annul Commission Decision of 16 October 2019 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union, Article 54 of the EEA Agreement and Article 8 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Case AT.40608 - Broadcom) (notified under document C(2019) 7406 final).

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging errors of law and fact regarding the Commission finding of a prima facie infringement resulting from (a) the Commission’s wrong interpretation of the terms of the agreements which Broadcom concluded with six customers (“the Agreements”), (b) the Commission’s conclusion that it was not required to consider the Agreements’ likely effects on competition, (c) the Commission’s inadequate assessment of the prima facie capability of the alleged restrictions to restrict competition, and (d) the Commission’s unfounded conclusion that Broadcom is “at first sight” dominant in one of the...