CELEX: C1999/160/25
Language: en
Date: 1999-06-05 00:00:00
Title: Judgment of the Court of First Instance of 11 March 1999 in Case T-137/94: ARBED SA v. Commission of the European Communities (ECSC Treaty - Competition - Agreements between undertakings, decisions by associations of undertakings and concerted practices - Price-fixing - Market sharing - Systems for the exchange of information)

5.6.1999                 EN                        Official Journal of the European Communities                                          C 160/13
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 11 March 1999                                                             of 11 March 1999
in Case T-137/94: ARBED SA v. Commission of the                               in Case T-138/94: COCKERILL-SAMBRE SA v. Com-
                    European Communities (1)                                              mission of the European Communities (1)
(ECSC Treaty — Competition — Agreements between                               (ECSC Treaty — Competition — Agreements between
undertakings, decisions by associations of undertakings and                   undertakings, decisions by associations of undertakings and
concerted practices — Price-fixing — Market sharing —                         concerted practices — Price-fixing — Market sharing —
            Systems for the exchange of information)                                      Systems for the exchange of information)
                           (1999/C 160/25)                                                              (1999/C 160/26)
                     (Language of the case: French)                                                (Language of the case: French)
In case T-137/94: ARBED SA, having its registered office in                   In case T-138/94: Cockerill-Sambre SA, having its registered
Luxembourg, represented by Alexandre Vandencasteele, of the                   office in Luxembourg, represented by Alexandre Vandencastee-
Brussels Bar, with an address for service in Luxembourg at the                le, of the Brussels Bar, with an address for service in Luxem-
Chambers of Paul Ehmann, 19, avenue de la Liberté, v.                         bourg at the Chambers of Ernest Arendt, 8-10, rue Mathias
Commission of the European Communities (Agents: initially                     Hardt, v. Commission of the European Communities, (Agents:
Julian Currall and Géraud Sajust de Bergues, and subsequently                 initially Julian Currall and Géraud Sajust de Bergues, and
Jean-Louis Dewost, Julian Currall and Guy Charrier, assisted                  subsequently Jean-Louis Dewost, Julian Currall and Guy Charri-
by Jean-Yves Art) — application, principally, for the annulment               er, assisted by Jean-Yves Art) — application, principally, for
of Commission Decision 94/215/ECSC of 16 February 1994                        the annulment of Commission Decision 94/215/ECSC of
relating to a proceeding pursuant to article 65 of the ECSC                   16 February 1994 relating to a proceeding pursuant to article
Treaty concerning agreements and concerted practices engaged                  65 of the ECSC Treaty concerning agreements and concerted
in by European producers of beams (OJ L 116, 6.5.1994, p. 1)                  practices engaged in by European producers of beams (OJ
— the Court of First Instance (Second Chamber, Extended                       L 116, 6.5.1994, p. 1) — the Court of First Instance
Composition), composed of: C. W. Bellamy, acting as President,                (Second Chamber, Extended Composition), composed of:
A. Potocki and J. Pirrung, Judges; J. Palacio González, Adminis-             C. W. Bellamy, acting as President, A. Potocki and J. Pirrung,
trator, for the Registrar, has given a judgment on 11 March                   Judges; J. Palacio González, Administrator, for the Registrar,
1999, in which it:                                                            has given a judgment on 11 March 1999, in which it:
1. annuls article 1 of Commission Decision 94/215/ECSC of                     1. annuls article 1 of Commission Decision 94/215/ECSC of
     16 February 1994 relating to a proceeding pursuant to article                 16 February 1994 relating to a proceeding pursuant to Article
     65 of the ECSC Treaty concerning agreements and concerted                     65 of the ECSC Treaty concerning agreements and concerted
     practices engaged in by European producers of beams in so far as              practices engaged in by European producers of beams in so far as
     it holds the applicant liable for the participation by its subsidiary         it finds that the applicant participated in an agreement to share
     TradeARBED in an agreement to share the Italian market which                  the Italian market which lasted three months and in price-fixing
     lasted three months,                                                          on the Danish market for the period from 1 July to 3 November
                                                                                   1988,
2. fixes the amount of the fine imposed on the applicant by article 4
     of Decision 94/215/ECSC at EUR 10 000 000,                               2. fixes the amount of the fine imposed on the applicant by article 4
                                                                                   of Decision 94/215/ECSC at EUR 3 580 000,
3. dismisses the remainder of the action,
                                                                              3. dismisses the remainder of the action,
4. orders the applicant to bear its own costs and to pay four fifths
     of the defendant’s costs. The defendant shall bear one fifth of its      4. orders the applicant to bear its own costs and to pay four fifths
     own costs.                                                                    of the defendant’s costs. The defendant shall bear one fifth of its
                                                                                   own costs.
(1) OJ C 146, 28.5.1994.                                                      (1) OJ C 146, 28.5.1994.