The European Court of First Instance (CFI) has upheld, in three separate but related cases fines totalling over €78m. The penalty was imposed by the European Commission (Commission) in December 2003 for the operation of an illegal price-fixing and market-sharing cartel in the market for industrial copper tubes. Outokumpu (Finland), KM Europa Metal and Wieland-Werke (Germany) each launched an appeal before the CFI seeking to have their respective fines reduced on the basis that the Commission had allegedly erred in its calculation of the fines. The CFI dismissed claims that when assessing the size of the market, the Commission had an obligation to deduct production costs from the relevant turnover. It also upheld the Commission's decision to increase the level of fine based on the duration of the infringement and confirmed that the Commission has a degree of discretion in the way it applies the Leniency Guidelines.