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Case T-127/04: Judgment of the Court of First Instance of 6 May 2009 — KME Germany and Others 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 — Actual impact on the market — Size of the market concerned — Duration of the infringement — Attenuating circumstances — Cooperation)
ECLI:EU:UNKNOWN:62004TA0127
62004TA0127
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Official Journal of the European Union
C 153/33
(Case T-127/04)
(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 - Actual impact on the market - Size of the market concerned - Duration of the infringement - Attenuating circumstances - Cooperation)
2009/C 153/62
Language of the case: English
Parties
Applicants: KME Germany AG, formerly KM Europa Metal AG (Osnabruck, Germany); KME France SAS, formerly Tréfimétaux SA (Courbevoie, France); and KME Italy SpA, formerly Europa Metalli SpA (Florence, Italy) (represented by: M. Siragusa, A. Winckler, G.C. Rizza, T. Graf and M. Piergiovanni, Lawyers)
Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, Agent, assisted by C. Thomas, Solicitor)
Re:
(1)Application for annulment or reduction of the fines imposed on the applicants by Article 2(c)(d) and (e) of Commission Decision C(2004) 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 those fines be increased
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders KME Germany AG, KME France SAS and KME Italy SpA to pay the costs
(1) OJ C 146, 29.5.2004.