(Case T-36/05)

Competition – Cartels – European haberdashery market (needles) – Product market sharing – Geographic market sharing – Assessment of evidence – Participation in meetings – Tripartite agreement – Fine – Gravity and duration of the infringement – Attenuating circumstances

4. Competition – Fines – Amount – Determination – Criteria defined in guidelines issued by the Commission – Seriousness and duration of the infringement – Attenuating circumstances – Passive or ‘follow-my-leader’ role of the undertaking (Art. 81(1) EC; Commission Notice 98/C 9/03) (see paras 199-200, 204-207, 210, 212)

Re:

APPLICATION, principally, for annulment of Commission Decision C(2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F-1/38.338 – PO/Needles) and, in the alternative, for annulment or reduction of the fine imposed on the applicants.

Operative part

The Court:

1.Annuls Commission Decision C(2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F‑1/38.338 – PO/Needles) in so far as the Decision finds that the applicants infringed Article 81(1) EC after 13 March 1997;

2.Sets the amount of the fine imposed on the applicants under Article 2 of the Decision at EUR 20 million;

3.Dismisses the remainder of the application;

4.Orders the applicants to bear two thirds of their own costs and to pay two thirds of the costs incurred by the Commission, and the Commission to bear one third of its own costs and to pay one third of the costs incurred by the applicants.