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Case C-272/09 P: Judgment of the Court (Second Chamber) of 8 December 2011 — KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Market for copper industrial tubes — Fines — Size of the market, duration of the infringement and cooperation capable of being taken into consideration — Effective judicial remedy)
ECLI:EU:UNKNOWN:62009CA0272
62009CA0272
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4.2.2012
Official Journal of the European Union
C 32/4
(Case C-272/09 P) (<span class="super">1</span>)
(Appeal - Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy)
2012/C 32/06
Language of the case: English
Parties
Appellants: KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA (represented by: M. Siragusa, avvocato, A. Winckler, avocat, G. Rizza, avvocato, T. Graf, advokat, M. Piergiovanni, avvocato)
Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and J. Bourke, acting as Agents, C. Thomas, Solicitor)
Re:
Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 6 May 2009 in Case T-127/04 KME Germany and Others v Commission, in which the Court dismissed an action seeking reduction of the fine imposed on the applicants by Commission Decision 2004/421/EC of 16 December 2003, relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes) (OJ 2004 L 125, p. 50) — Price-fixing and market-sharing — Actual impact on the market — Guidelines for calculating the amount of fines
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders KME Germany AG, KME France SAS and KME Italy SpA to pay the costs.
(<span class="super">1</span>) OJ C 220, 12.9.2009.