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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Outokumpu & Luvata v Commission (Competition) [2009] EUECJ T-122/04 (06 May 2009) URL: https://www.bailii.org/eu/cases/EUECJ/2009/T12204.html Cite as: [2009] EUECJ T-122/04, [2009] 5 CMLR 7, [2009] EUECJ T-122/4 |
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(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 Size of the market concerned Aggravating circumstances Repeat infringement)
In Case T-22/04,
Outokumpu Oyj, established in Espoo (Finland),
Luvata Oy, formerly Outokumpu Copper Products Oy, established in Espoo,
represented by J. Ratliff, barrister, F. Distefano and J. Luostarinen, lawyers,
applicants,
Commission of the European Communities, represented by É. Gippini Fournier, acting as Agent,
defendant,
CONCERNING: (1) an application for the annulment of, or reduction in the amount of, the fine imposed on the applicants under Article 2(b) of Commission Decision C(2003) 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) a counter-claim by the Commission that the amount of that fine be increased,
composed of E. Martins Ribeiro, President, S. Papasavvas and N. Wahl (Rapporteur), Judges,
Registrar: C. Kantza, Administrator,
having regard to the written procedure and further to the hearing on 5 March 2008,
gives the following
Background
'Article 1
The following undertakings have infringed the provisions of Article 81(1) [EC] and from 1 January 1994 Article 53(1) of the EEA Agreement by participating, for the periods indicated, in a complex of agreements and concerted practices consisting of price fixing and market sharing in the industrial tubes sector:
(a) [Wieland] from 3 May 1988 until 22 March 2001;
(b) Outokumpu ..., individually from 3 May 1988 until 30 December 1988, and jointly and severally with [Luvata] from 31 December 1988 until 22 March 2001;
(c) [Luvata], from 31 December 1988 until 22 March 2001 (jointly and severally with Outokumpu ...);
(d) [KME Germany], individually from 3 May 1988 until 19 June 1995, and jointly and severally with [KME France] and [KME Italy] from 20 June 1995 to 22 March 2001;
(e) [KME Italy], jointly and severally with [KME France] from 3 May 1988 to 19 June 1995, and jointly and severally with [KME Germany] and [KME France] from 20 June 1995 to 22 March 2001;
(f) [KME France], jointly and severally with [KME Italy] from 3 May 1988 to 19 June 1995, and jointly and severally with [KME Germany] and [KME Italy] from 20 June 1995 to 22 March 2001.
Article 2
For the infringements referred to in Article 1, the following fines are imposed:
(a) [Wieland]: EUR 20.79 million;
(b) Outokumpu ... and [Luvata], jointly and severally: EUR 18.13 million;
(c) [KME Germany], [KME France] and [KME Italy], jointly and severally: EUR 18.99 million;
(d) [KME Germany]: EUR 10.41 million;
(e) [KME Italy] and [KME France] jointly and severally: EUR 10.41 million.'
Procedure and forms of order sought
annul or reduce the amount of the fine imposed in Article 2(b) of the contested decision;
order the Commission to pay the costs.
dismiss the action;
increase the amount of the fine imposed on the applicants;
order the applicants to pay the costs.
Law
The first plea, alleging erroneous increase, for repeat infringement, of the amount of the fine imposed on the applicants
Arguments of the parties
Findings of the Court
The second plea, alleging inadequate assessment of the size of the sector affected by the infringement, for the purposes of calculating the starting amount of the fine
Arguments of the parties
Findings of the Court
Costs
On those grounds,
hereby:
1. Dismisses the action.
2. Orders Outokumpu Oyj and Luvata Oy to pay the costs.
Martins Ribeiro |
Papasavvas |
Wahl |
Delivered in open court in Luxembourg on 6 May 2009.
[Signatures]
* Language of the case: English.
1 Confidential data removed.