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.