In 2002, the EC fined Nintendo €149 million for hindering parallel imports of its game cartridges and computer consoles. The EC also fined seven of Nintendo’s distributors a total of €18.8 million. Nintendo and two of its distributors appealed the EC ’s decision before the CFI . In April 2009, the CFI reduced Nintendo’s fine by €30 million. The Court found that both Nintendo and one of its distributors (John Menzies plc) had cooperated in the investigation (e.g. by providing incriminating documents to the EC ). In exchange for this cooperation, the EC had reduced the fines imposed on Nintendo and John Menzies. However, while the EC had reduced the distributor’s fine by 40%, Nintendo’s fine had been reduced by only 25%. The Court ruled that the EC had therefore violated the principle of equal treatment and that Nintendo’s fine should be reduced by a further €30 million to match the reduction offered to John Menzies.
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