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

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: 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 applicant in that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Viega GmbH & Co. KG to pay the costs.