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Case T-122/04: Judgment of the Court of First Instance of 6 May 2009 — Outokumpu and Luvata v Commission (Competition — Agreements, decisions and concerted practices — Market for copper industrial tubes — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Size of the market concerned — Aggravating circumstances — Repeat infringement)
ECLI:EU:UNKNOWN:62004TA0122
62004TA0122
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Official Journal of the European Union
C 153/32
(Case T-122/04)
(Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Size of the market concerned - Aggravating circumstances - Repeat infringement)
2009/C 153/61
Language of the case: English
Parties
Applicants: Outokumpu Oyj (Espoo, Finland); and Luvata Oy, formerly Outokumpu Copper Products Oy (Espoo) (represented by: J. Ratliff, Barrister, F. Distefano and J. Luostarinen, Lawyers)
Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, Agent)
Re:
Application for annulment or reduction of the fine imposed on the applicant by Article 2(b) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes); and (2) Counterclaim by the Commission that the amount of the fine should be increased.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Outokumpu Oyj and Luvata Oy to pay the costs.
* * *
(1) OJ C 118, 30.4.2004.