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

(Case T-375/06)

Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Participation in the infringement – Duty to state reasons – Fines – Relevant turnover – Attenuating circumstances

1.                     Competition – Agreements, decisions and concerted practices – Burden of proof – Degree of precision required of the evidence used by the Commission (Art. 81(1) EC) (see paras 32-34)

2.                     Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Burden of proof – Statement of an incriminated undertaking challenged by other parties to the same agreement – Probative value – Assessment (Art. 81(1) EC) (see para. 35)

3.                     Competition – Administrative procedure – Commission decision finding an infringement – Burden of proving the infringement and its duration on the Commission – Extent of the burden of proof (Art. 81(1) EC) (see para. 36)

4.                     Competition – Agreements, decisions and concerted practices – Participation of an undertaking in anti-competitive initiatives – Tacit approval without public distancing sufficient to render the undertaking liable (Art. 81(1) EC) (see para. 52)

5.                     Competition – Agreements, decisions and concerted practices – Agreements and concerted practices constituting a single infringement – Burden of proof (Art. 81(1) EC)) (see para. 70)

6.                     Competition – Agreements, decisions and concerted practices – Relevant market – Delimitation – Criteria (Art. 81(1) EC) (see para. 81)

Re:

Operative part

The Court: