Final report of the Hearing Officer in case COMP/38.240 — Industrial tubes (pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21)) (Text with EEA relevance)
Official Journal C 102 , 28/04/2004 P. 0021 - 0021
DA DE EL EN ES FI FR IT NL PT SV
|Bilingual display: DA DE EL EN ES FI FR IT NL PT SV|
Final report of the Hearing Officer in case COMP/38.240 - Industrial tubes
(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))
(Text with EEA relevance)
The draft Decision gives rise to the following observations on the right to be heard:
Following a denunciation of a cartel in the LWC-tube sector by Mueller Industries Inc. the Commission adopted a Statement of Objection on 3 July 2003 against producers of industrial tubes, namely Wieland Werke AG, Outokumpu Oyj, Outokumpu Copper Products Oy, Società Metallurgica Italiana SpA, KM Europa Metal AG, Tréfimétaux SA and Europa Metalli SpA.
All parties submitted written replies to the objections within the time allowed. They did not substantially contest the facts.
The companies were given access to file by means of CD-ROMs.
One firm asked to be allowed to attend a hearing but afterwards withdrew its request. The other parties waived their right to defend their case at an oral hearing.
One party requested to have access to the non-confidential versions of the co-defendants' replies to the Statement of Objections. I have replied that there is no obligation for the Commission to grant access to the non-confidential versions of the replies of the other co-defendants.
In view of the replies given by the companies in writing, the services of the Commission decided not to pursue the procedure against Società Metallurgica Italiana SpA.
The draft Commission decision does not comprise any additional objections in respect of the undertakings other than those set out in the statement of objections.
In the light of the above, I consider that the right of the parties to be heard has been respected in this case.
Done at Brussels, 9 December 2003.