CELEX: 62005TJ0025
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

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:
1.      Dismisses the action;
2.      Dismisses the European Commission’s counterclaim;
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.