CELEX: 62006TJ0375
Language: en
Date: 2011-03-24 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 24 March 2011.#Viega GmbH & Co. KG v European Commission.#Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Participation in the infringement – Duty to state reasons – Fines – Relevant turnover – Attenuating circumstances.#Case T-375/06.

Judgment of the General Court (Eighth Chamber) of 24 March 2011 – Viega v Commission
      (Case T-375/06)
      Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Participation in the infringement – Duty to state reasons – Fines – Relevant turnover – Attenuating circumstances
      1.                     Competition – Agreements, decisions and concerted practices – Burden of proof – Degree of precision required of the evidence
            used by the Commission (Art. 81(1) EC) (see paras 32-34)
      2.                     Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Burden of proof – Statement
            of an incriminated undertaking challenged by other parties to the same agreement – Probative value – Assessment (Art. 81(1)
            EC) (see para. 35)
      3.                     Competition – Administrative procedure – Commission decision finding an infringement – Burden of proving the infringement
            and its duration on the Commission – Extent of the burden of proof (Art. 81(1) EC) (see para. 36)
      4.                     Competition – Agreements, decisions and concerted practices – Participation of an undertaking in anti-competitive initiatives
            – Tacit approval without public distancing sufficient to render the undertaking liable (Art. 81(1) EC) (see para. 52)
      5.                     Competition – Agreements, decisions and concerted practices – Agreements and concerted practices constituting a single infringement
            – Burden of proof (Art. 81(1) EC)) (see para. 70)
      6.                     Competition – Agreements, decisions and concerted practices – Relevant market – Delimitation – Criteria (Art. 81(1) EC) (see
            para. 81)
      Re:
      
         
               APPLICATION for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under
                  Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 – Fittings), and also, in the alternative, for a
                  reduction in the fine imposed on the applicant in that decision.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Viega GmbH & Co. KG to pay the costs.