This document is an excerpt from the EUR-Lex website
Document 62010TA0389
Cases T-389/10 and T-419/10: Judgment of the General Court of 15 July 2015 — SLM and Ori Martin v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Limitation period — 2006 Guidelines on the method of setting fines — Imputation of liablitiy for the infringment to the parent company — Proportionnality — Principle that penalties must fit the offence — Unlimited jurisdiction)
Cases T-389/10 and T-419/10: Judgment of the General Court of 15 July 2015 — SLM and Ori Martin v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Limitation period — 2006 Guidelines on the method of setting fines — Imputation of liablitiy for the infringment to the parent company — Proportionnality — Principle that penalties must fit the offence — Unlimited jurisdiction)
Cases T-389/10 and T-419/10: Judgment of the General Court of 15 July 2015 — SLM and Ori Martin v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Limitation period — 2006 Guidelines on the method of setting fines — Imputation of liablitiy for the infringment to the parent company — Proportionnality — Principle that penalties must fit the offence — Unlimited jurisdiction)
OJ C 302, 14.9.2015, p. 32–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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14.9.2015 |
EN |
Official Journal of the European Union |
C 302/32 |
Judgment of the General Court of 15 July 2015 — SLM and Ori Martin v Commission
(Cases T-389/10 and T-419/10) (1)
((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Single, complex and continuous infringement - Limitation period - 2006 Guidelines on the method of setting fines - Imputation of liablitiy for the infringment to the parent company - Proportionnality - Principle that penalties must fit the offence - Unlimited jurisdiction))
(2015/C 302/41)
Language of the case: Italian
Parties
Applicants: Siderurgica Latina Martin SpA (SLM) (Ceprano, Italy) (represented by: G. Belotti and F. Covone, lawyers) (Case T-389/10); and Ori Martin SA (Luxembourg, Luxembourg) (represented by: P. Ziotti, lawyer) (Case T-419/10)
Defendant: European Commission (represented initially by B. Gencarelli, V. Bottka and P. Rossi, and subsequently by V. Bottka, P. Rossi and G. Conte, Agents)
Re:
Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.
Operative part of the judgment
The Court:
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1. |
Joins Cases T-389/10 and T-419/10 for the purposes of the judgment; |
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2. |
Annuls Article 1(16) of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011, in so far as it finds that Siderurgica Latina Martin SpA (SLM) participated in a series of agreements and commercial practices in the prestressing steel sector in the internal market and within the European Economic Area (EEA) from 10 February 1997 to 14 April 1997; |
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3. |
Annuls Article 2(16) of Decision C(2010) 4387 final, as amended by Decision C(2010) 6676 final and by Decision C(2011) 2269 final; |
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4. |
Reduces the fine imposed on SLM from EUR 19,8 million to EUR 19 million, of which the amount of EUR 13,3 million is imposed on a joint and several basis with Ori Martin SA; on account of the legal maximum of 10 % of total turnover provided for in Article 23(2) of Regulation (EC) No 1/2003, the final amount of the fine to be imposed on SLM is set at EUR 1,956 million; |
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5. |
Dismisses the actions at to the remainder; |
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6. |
Orders the Commission to bear its own costs and to pay two thirds of the costs of SLM and one third of the costs of Ori Martin; |
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7. |
Orders SLM to bear one third of its own costs; |
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8. |
Orders Ori Martin to bear two thirds of its own costs. |