Judgment of the Court of First Instance of 6 May 2009 - Outokumpu and Luvata 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 - Size of the market concerned - Aggravating circumstances - Repeat infringement)
Language of the case: English
Parties
Applicants: Outokumpu Oyj (Espoo, Finland); and Luvata Oy, formerly Outokumpu Copper Products Oy (Espoo) (represented by: J. Ratliff, Barrister, F. Distefano and J. Luostarinen, Lawyers)
Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, Agent)
Re:
(1) Application for annulment or reduction of the fine imposed on the applicant by 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) Counterclaim by the Commission that the amount of the fine should be increased.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Outokumpu Oyj and Luvata Oy to pay the costs.
____________1 - OJ C 118, 30.4.2004.