Judgment of the General Court (Eighth Chamber) of 24 March 2011 – Legris Industries v Commission

(Case T-376/06)

Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement

1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – General reference to documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 30-32)

2.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Unilateral conduct – Criteria for assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries – Subsidiary held by a holding company – Fact not sufficient to rebut the presumption (Art. 81(1) EC) (see paras 47-54, 58)

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).

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Legris Industries SA to pay the costs.