L 125/50 Official Journal of the European Union 28.4.2004 COMMISSION DECISION of 16 December 2003 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement against Wieland Werke AG, Outokumpu Copper Products OY, Outokumpu Oyj, KM Europa Metal AG, Tréfimétaux SA and Europa Metalli SpA (Case C.38.240 — Industrial tubes) ()) (notified under document number C(2003) 4820) (Only the Finnish, French, German and Italian texts are authentic) (Text with EEA relevance) (2004/421[EC) On 16 December 2003, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement. In accordance with the provisions of Article 21 of Regulation 17 (%), the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the full text of the decision can be found in the authentic languages of the case and in the Commission's working languages at DG COMP's website at http://europa.eu.int/comm/competition/index_en.html. I. SUMMARY OF THE INFRINGEMENT Addressees and nature of the infringement The Decision is addressed to Wieland Werke AG (Wieland Werke), Outokumpu Copper Products OY (OCP) and Outokumpu Oyj (collectively referred to as Outokumpu), KM Europa Metal AG (KME or KM Europa Metal), Tréfimétaux SA (TMX or Tréfimétaux) and Europa Metalli SpA (EM or Europa Metalli). The addressees participated in a single, complex and continuous infringement of Article 81(1) of the Treaty establishing the European Community (hereinafter the Treaty) and, from 1 January 1994, of Article 53(1) of the Agreement on the European Economic Area (hereinafter the EEA Agreement), covering most of the EEA territory, by fixing prices, allocating markets and exchanging confidential information in the industrial copper tube market. Imputation of liabilities Outokumpu Oyj participated directly in the infringement from May 1988 until December 1988, when its industrial tubes business was vested to its newly-formed subsidiary OCP who continued the infringement. After the achievement of the formation of OCP in December 1988, Outokumpu Oyj has controlled the entire capital of OCP. The parent company and its wholly-owned subsidiary are held jointly and severally liable for the infringement after the formation of the latter. With regard to the KME-group including KM Europa Metal (Germany), Tréfimétaux (France) and Europa Metalli (Italy), two separate periods have been distinguished for the purposes of imputation of liabilities. During the first period from 1988 to 1995, KME is considered to have been a separate undertaking from EM and TMX, regardless of the fact that their common holding-company Societa Metallurgica Italiana (SMI) acquired majority control of KME in 1990. KME's management board and operational management were coordinated with those of EM and TMX only after the restructuring of the group in 1995, when KME obtained 100 % of the shares in EM and TMX. As to the period from 1995 to 2001, the entities of the KME-group are considered to have formed a single economic unit on the market, implying joint and several liability for the infringement during that period. (") Opinion of the Advisory Committee ( O] C 102 of 28.4.2004) () OJ 13, 21.2.1962, p. 204/62. Regulation as last amended by Regulation (EC) No 1216/1999 (OJ L 148, 15.6.1999, p. 5).