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Judgment of the General Court (Eighth Chamber) of 19 May 2010.#Outokumpu Oyj and Luvata Oy v European Commission.#Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Fines - Size of the relevant market - Aggravating circumstance - Repeat infringement.#Case T-20/05.

ECLI:EU:T:2010:204

62005TJ0020

May 19, 2010
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(Case T-20/05)

Competition – Agreements, decisions and concerted practices – Copper plumbing tube industry – Decision finding an infringement of Article 81 EC – Fines – Size of the relevant market – Aggravating circumstance – Repeat infringement

3. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Aggravating circumstances – Repeat infringement (Council Regulation No 17, Art. 15(2); Commission Communication 98/C 9/03, para. 2) (see paras 69-70)

4. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Size of the product market in question – To be taken into consideration (Council Regulation No 17, Art. 15(2)) (see para. 77)

Re:

APPLICATION for cancellation or reduction of the fine imposed on the applicants under Article 2(j) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 – Copper plumbing tubes).

Operative part

The Court:

1.Dismisses the action;

2.Orders Outokumpu Oyj and Luvata Oy to pay the costs.

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