Brussels, 08/05/2009 (Agence Europe) - In three judgements delivered on 6 May 2009 (Cases T-116/04, T-122/04 and T-127/04), the Court of First Instance decided to keep in place fines totalling €78.73 million that the European Commission had imposed on the Finnish company Outokunpu (€18.13 million), the KME group (€39.81 million) and the German company Wieland-Werke (€20.79 million) for their participation in an insider agreement. It points out that the EC Treaty bans any agreements, decisions and concerted practices between companies that are likely to affect trade between member states and that are aimed at or have the effect of preventing, restricting or distorting competition within the common market.
Between May 1988 and March 2001, the agreement in question consisted of fixing prices, granting price increases and sharing out markets, including through the sharing of customers, market shares and through the exchange of confidential information on the copper industrial tube market. The companies concerned initiated proceedings before the Court of First Instance to cancel or reduce their respective fines.
The Court of First Instance noted first of all that the Commission was not under any obligation to deduct production costs when assessing the size of the market. It then pointed out that the Commission correctly applied its rules by increasing the fines on Wieland-Werke and the KME Group because of the duration of the infringement, and did not commit any manifest error in its appreciation of cooperation by these two companies.
Furthermore, the Court of First Instance considers that the fact that Outokumpu had decided to continue to take part in the concerted practice on the industrial tube market, despite the fact that an almost identical breach of competition rules had been noted earlier, justifies a larger fine.
The Court of First Instance therefore rejected the appeal by the companies concerned and confirmed the Commission's decision. (H.D./transl.jl)