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Joined Cases T-456/05 and T-457/05: Judgment of the General Court of 28 April 2010 — Gütermann and Zwicky v Commission (Competition — Agreements, decisions and concerted practices — European market in industrial thread — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Fines — Gravity of the infringement — Actual impact on the market — Duration of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Guidelines on the method of setting fines)
ECLI:EU:UNKNOWN:62005TA0456
62005TA0456
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Official Journal of the European Union
C 148/25
(Joined Cases T-456/05 and T-457/05) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - European market in industrial thread - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fines - Gravity of the infringement - Actual impact on the market - Duration of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Guidelines on the method of setting fines)
2010/C 148/44
Language of the case: German
Parties
Applicants: Gütermann AG (Gutach-Breisgau, Germany) (Case T-456/05); and Zwicky & Co. AG (Wallisellen, Switzerland) (Case T-457/05) (represented by: J. Burrichter, B. Kasten and S. Orlikowski-Wolf, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, M. Schneider and K. Mojzesowicz, and subsequently by F. Castillo de la Torre and K. Mojzesowicz, acting as Agents)
Re:
Application for 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 applicants by that decision
Operative part of the judgment
The Court:
1.Dismisses the actions;
2.Orders Gütermann AG et Zwicky & Co. AG to pay the costs.
(<span class="super">1</span>) OJ C 60, 11.3.2006.