CELEX: 62006TJ0065
Competition
Agreements, decisions and concerted practices
Plastic industrial bags sector
Decision finding an infringement of Article 81 EC
Imputability of the unlawful conduct
Duration of the infringement
Fines
Gravity of the infringement
Mitigating circumstances
Cooperation during the administrative procedure
Proportionality
Joint and several liability

APPLICATION for the partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding
pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed
on the applicant by that decision.
Operative part
The Court:
1.
Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case
COMP/F/38.354 — Industrial bags) in so far as it holds FLSmidth & Co. A/S liable for the single and continuous infringement
referred to in Article 1(1) thereof, for the period from 31 December 1990 to 31 December 1991;
2.
Sets the amount for payment of which FLSmidth & Co. is held jointly and severally liable under Article 2(f) of Decision C(2005)
4634 at EUR 14.45 million;
3.
Dismisses the action as to the remainder;
4.
Orders the European Commission and FLSmidth & Co. each to bear their own costs.