Judgment of the General Court (Eighth Chamber) of 19 May 2010.#Wieland-Werke AG, Buntmetall Amstetten GmbH and Austria Buntmetall AG v European Commission.#Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Ne bis in idem principle - Fines - Actual impact on the market - Size of the relevant market - Duration of the infringement - Attenuating circumstances.#Case T-11/05.

Subject of the case

Re:

APPLICATION, first, for annulment 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); second, in the alternative, for reduction of the fines imposed on the applicants by that decision; and third, by way of counterclaim by the Commission, for those fines to be increased.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Dismisses the European Commission’s counterclaim;

3. Orders Wieland-Werke AG, Buntmetall Amstetten GmbH and Austria Buntmetall AG to bear their own costs and to pay 90% of the costs incurred by the Commission;

4. Orders the Commission to bear 10% of its own costs;

5. Orders the Council of the European Union to bear its own costs.