Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... and concerted practices – Market for PC video games – Platform – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Restriction of parallel imports – Concepts of ‘agreement’ and ‘concerted practice’ – Restriction of competition by object – Copyright)

In Case T‑172/21,

Valve Corporation, established in Bellevue, Washington (United States), represented by L. Kjølbye, S. Völcker and G. Caldini, lawyers,

applicant,

v

European Commission, represented by M. Farley, C. Sjödin, J. Szczodrowski and L. Wildpanner, acting as Agents,

defendant,

THE GENERAL COURT (Second Chamber, Extended Composition),

composed of S. Papasavvas, President, A. Marcoulli, J. Schwarcz, V. Tomljenović (Rapporteur) and W. Valasidis, Judges,

Registrar: I. Kurme, Administrator,

having regard to the written part of the procedure,

further to the hearing on 18 January 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Valve Corporation, seeks annulment of Commission Decision C(2021) 75 final of 20 January 2021 relating to a proceeding under Article 101 TFEU and Article 53 of the Agreement on the European Economic Area (EEA) (Cases AT.40413 – Focus Home, AT.40414 – Koch Media, AT.40420 – ZeniMax, AT.40422 – Bandai Namco, and AT.40424 – Capcom) (‘the contested decision’).

Background to the dispute

2. The applicant is an undertaking active in the PC video games and entertainment technologies sector. It operates an online gaming platform for PC video games called Steam (‘the Steam platform’).

3. PC video games compatible with the Steam platform (‘Steam video games’) are ...