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Judgment of the General Court (Eighth Chamber) of 19 May 2010.#KME Germany AG, KME France SAS and KME Italy SpA v European Commission.#Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Fines - Actual impact on the market - Size of the relevant market - Duration of the infringement - Ability to pay - Cooperation.#Case T-25/05.
ECLI:EU:T:2010:206
62005TJ0025
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(Case T-25/05)
Competition – Agreements, decisions and concerted practices – Copper plumbing tube industry – Decision finding an infringement of Article 81 EC – Fines – Actual impact on the market – Size of the relevant market – Duration of the infringement – Ability to pay – Cooperation
3. Competition – Fines – Amount – Determination – Criteria – Possibility of differentiating between the undertakings involved in a single infringement by reference to their market shares in the products in question (Council Regulations No 17, Art. 15(2), and No 1/2003, Art. 23(2); Commission Communication 98/C 9/03, Section 1A) (see paras 79-80, 106)
4. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Actual impact on the market taken into account (Council Regulations No 17, Art. 15, and No 1/2003, Art. 23; Commission Communication 98/C 9/03, Section 1A) (see paras 81-82, 85-86, 89)
6. Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances (Council Regulations No 17, Art. 15(2), and No 1/2003, Art. 23(2); Commission Communication 98/C 9/03, Section 3) (see paras 125-126)
7. Competition – Fines – Amount – Determination – Non-imposition or reduction of the fine for cooperation of the undertaking concerned (Council Regulations No 17, Art. 15(2), and No 1/2003, Art. 23(2); Commission Communications 96/C 207/04, Title D, and 98/C 9/03, para. 3, sixth indent) (see paras 133-134)
Re:
APPLICATION, first, for reduction of the fines imposed on the applicants under Article 2(g), (h) and (i) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 – Copper plumbing tubes) and, second, by way of counterclaim by the Commission, for those fines to be increased.
Operative part
The Court:
3. Orders KME Germany AG, KME France SAS and KME Italy Spa to bear their own costs and to pay 50% of the costs incurred by the Commission;
4. Orders the Commission to bear 50% of its own costs.