Order of the Court (Sixth Chamber) of 15 June 2012—
United Technologies v Commission

(Case C-493/11 P)

Appeal— Competition— Agreements, decisions and concerted practices— Market for the installation and maintenance of elevators and escalators— Fines— Parent company and subsidiaries— Imputability of the unlawful conduct

1.Competition— European Union rules— Infringements— Attribution— Parent company and subsidiaries— Economic unit— Criteria for assessment (Art. 101 TFEU; Council Regulation No1/2003, Art. 23(2)) (see paras. 37, 38)

2.Appeals— Grounds— Inadequate or contradictory grounds— Scope of the obligation to state reasons— Reliance by the Court of First Instance on implied reasoning— Admissibility— Conditions (Statute of the Court of Justice, Arts 36 and 53) (see paras 42-44, 48)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13July 2011 in Joined Cases T‑141/07, T-142/07, T‑145/07 and T‑146/07

General Technic-Otis and Others

Commission

, by which the General Court dismissed an action for the partial annulment of Commission Decision C(2007)512 final of 21February 2007 relating to a proceeding under Article81 of the EC Treaty (Case COMP/E‑1/38.823— Elevators and Escalators), concerning a cartel in the market for the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg and the Netherlands, concerning bid‑rigging, market‑sharing, price-fixing, the awarding of projects and contracts related thereto and exchange of information, and, in the alternative, for the annulment or reduction of the fine imposed on the applicant— Liability of a parent company for infringements of the competition rules committed by its subsidiaries.

Operative part:

The appeal is dismissed.

United Technologies Corporation is ordered to pay the costs.