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Case T-92/10: Judgment of the General Court of 9 December 2014 — Ferriera Valsabbia and Valsabbia Investimenti v Commission (Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Misuse of powers — Rights of the defence — Single and continuous infringement — Fines — Fixing of the starting amount — Extenuating circumstances — Duration of the administrative procedure)

ECLI:EU:UNKNOWN:62010TA0092

62010TA0092

December 9, 2014
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Official Journal of the European Union

C 34/26

(Case T-92/10)(1)

((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Misuse of powers - Rights of the defence - Single and continuous infringement - Fines - Fixing of the starting amount - Extenuating circumstances - Duration of the administrative procedure))

(2015/C 034/29)

Language of the case: Italian

Parties

Applicants: Ferriera Valsabbia SpA (Odolo, Italy); and Valsabbia Investimenti SpA (Odolo) (represented by: D. Fosselard, S. Amoruso and L. Vitolo, lawyers)

Defendant: European Commission (represented initially by R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by P. Manzini, lawyer)

Re:

Primarily, application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it finds that the applicants infringed Article 65 CS and imposes upon them, jointly and severally, a fine of EUR 10,25 million, or in the alternative application for a reduction in the amount of that fine

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Ferriera Valsabbia SpA and Valsabbia Investimenti SpA to pay the costs.

(1)

OJ C 113, 1.5.2010.

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