Action brought on 8 September 2010 - Zucchetti Rubinetteria v Commission

(Case T-396/10)

Language of the case: Italian

Parties

Applicant: Zucchetti Rubinetteria SpA (Gozzano, Italy) (represented by: M. Condinanzi and P. Ziotti, lawyers)

Defendant: European Commission

Form of order sought

Annul the contested decision.

In the alternative, annul the fine imposed or reduce the amount of the fine.

In the further alternative, reduce the amount of the fine by granting the request to take account of the attenuating circumstance referred to in Section 29 of the Guidelines on the method of calculating fines.

In any event, order the Commission to pay the costs.

Pleas in law and main arguments

The decision contested in these proceedings is the same as that in Case T-368/10 Rubinetteria Cisal v Commission.

The pleas in law and main arguments are similar to those relied on in that case. In particular, the applicant submits that the products referred to in the decision belong to three separate markets, that Zucchetti is present only on the taps market and that the Commission's decision does not carry out a prior identification of the relevant market. The decision is also defective in terms of its assessment of the geographic extent of the market and the effects of the cartel on the operating conditions on the market.

The applicant adds that the reconstruction of the agreements and/or concerted practices which led the Commission to find that the applicant had participated in a single, complex and continuous infringement of Article 101 TFEU solely on account of its collusive behaviour in Italy is vitiated and does not state the reasons on which the finding is based, since it totally fails to show that the applicant was aware of the unlawful conduct engaged in by the other undertakings allegedly participating in the cartel.

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