(Case T-448/05)

Competition – Agreements, decisions and concerted practices – European market in thread for automotive customers – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Fines – Gravity of the infringement – Mitigating circumstances – Cooperation – Proportionality – Equal treatment – Guidelines on the method of setting fines

6. Competition – Fines – Amount – Determination – Equal treatment of the various undertakings participating in a cartel (Commission Notice 98/C 9/03, Section 1A, sixth para.) (see paras 76, 79)

7. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Determination of the fine in proportion to the factors for assessing the gravity of the infringement (Council Regulation No 17, Art. 15(2)) (see para. 82)

9. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines (Council Regulations Nos 17, Art. 15(2), and 1/2003, Art. 23(3); Commission Notice 98/C 9/03) (see para. 91)

11. Competition – Fines – Amount – Reduction in fine in exchange for cooperation – Need for the undertaking to cooperate in the administrative procedure concerning the infringement in question (Council Regulation No 17, Art. 15; Commission Notice 96/C 207/04, Title D, Section 2) (see paras 125, 129)

Re:

APPLICATION for partial annulment of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 – PO/Thread), as amended by Commission Decision C(2005) 3765 of 13 October 2005 and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part:

The Court:

1.Dismisses the action;

2.Orders Oxley Threads Ltd to pay the costs.