Judgment of the General Court (Eighth Chamber) of 24 March 2011 – IMI and Others v Commission

(Case T-378/06)

Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Relevant turnover – Leniency Notice – Guidelines on the method of setting fines – Equal treatment

1.                     Procedure – Objection of lis pendens – Same parties, subject-matter and submissions in two actions – Inadmissibility of the second action (see para. 29)

2.                     Competition – Fines – Amount – Determination – Discretion of the Commission – Limits – Respect for the principle of equal treatment (Council Regulation No 17, Art. 15(2)) (see paras 40-42)

3.                     Competition – Fines – Amount – Determination – Criteria – Duration of the infringement – Infringements of long duration – Increase by 10% of the starting amount per year – Discretion of the Commission (Council Regulation No 17, Art. 15(2); Commission Communication 98/C 9/03, Section 1B) (see paras 57-58)

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), and also, in the alternative, for a reduction in the fine imposed on the applicants in that decision.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders IMI plc, IMI Kynoch Ltd, Yorkshire Fittings Ltd, VSH Italia Srl, Comap SA and Simplex Armaturen + Fittings GmbH & Co. KG to pay the costs.