Judgment of the General Court (Fifth Chamber) of 28 April 2010 – Oxley Threads v Commission

(Case T-448/05)

Competition – Agreements, decisions and concerted practices – European market in thread for automotive customers – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Fines – Gravity of the infringement – Mitigating circumstances – Cooperation – Proportionality – Equal treatment – Guidelines on the method of setting fines

1. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Assessment factors (Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03) (see paras 31, 34, 37)

2. Competition – Fines – Amount – Determination – Deterrent effect of the fine (Art. 81 EC; Council Regulation No 17, Art. 15; Commission Notice 98/C 9/03) (see para. 61)

3. Competition – Fines – Amount – Determination – Guidelines adopted by the Commission (Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03) (see para. 62)

4. Competition – Fines – Amount – Determination – Criteria – Turnover of the undertaking concerned (Council Regulation No 17, Art. 15; Commission Notice 98/C 9/03, Section 1A) (see paras 64-68, 70)

5. Competition – Fines – Amount – Determination – Criteria – No need to differentiate between the undertakings involved in the same infringement by reference to their size (Council Regulation No 17, Art. 15(2); Commission Notices 96/C 207/04 and 98/C 9/03) (see para. 71)

6. Competition – Fines – Amount – Determination – Equal treatment of the various undertakings participating in a cartel (Commission Notice 98/C 9/03, Section 1A, sixth para.) (see paras 76, 79)

7. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Determination of the fine in proportion to the factors for assessing the gravity of the infringement (Council Regulation No 17, Art. 15(2)) (see para. 82)

8. Competition – Fines – Amount – Determination – Undertaking not able to rely on the principle of equal treatment in order to obtain an unlawful reduction (Council Regulation No 17, Art. 15(2)) (see para. 87)

9. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines (Council Regulations Nos 17, Art. 15(2), and 1/2003, Art. 23(3); Commission Notice 98/C 9/03) (see para. 91)

10. Competition – Fines – Amount – Reduction in fine in exchange for cooperation – Assessment of the quality and usefulness of the information provided (Commission Notice 96/C 207/04, Title D, Section 2) (see paras 102, 110-115)

11. Competition – Fines – Amount – Reduction in fine in exchange for cooperation – Need for the undertaking to cooperate in the administrative procedure concerning the infringement in question (Council Regulation No 17, Art. 15; Commission Notice 96/C 207/04, Title D, Section 2) (see paras 125, 129)

Re:

APPLICATION for partial annulment of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 – PO/Thread), as amended by Commission Decision C(2005) 3765 of 13 October 2005 and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part:

The Court:

1. Dismisses the action;