Judgment of the General Court (Eighth Chamber) of 19 May 2010.#KME Germany AG, KME France SAS and KME Italy SpA v European Commission.#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.#Case T-25/05.

Subject of the case

Re:

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

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.