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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)
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).
The Court:
1.Dismisses the action;
2.Orders Outokumpu Oyj and Luvata Oy to pay the costs.