Judgment of the General Court (Eighth Chamber) of 12 July 2018 –

LS Cable & System v Commission

(Case T‑439/14)

(Competition — Agreement, decisions and concerted practices — European market for power cables — Single and continuous infringement — Sufficient proof — Contributing to the single objective of the infringement — Knowledge of key elements of the infringement — Calculation of the fine — Basic amount — Paragraph 18 of the Guidelines — Gravity of the infringement — Proportionality — Mitigating circumstances — Unlimited jurisdiction)

1. Agreements, decisions and concerted practices — Prohibition — Infringements — Agreements and concerted practices constituting a single infringement — Attribution of liability for the entire infringement to a single undertaking — Conditions — Unlawful practices and conduct forming part of an overall plan — Assessment — Criteria — Contribution to the single objective of the infringement — Knowledge or foreseeability of the overall plan of the agreement, decision or concerted practice and of its key elements (Art. 101(1) TFEU; EEA Agreement, Art. 53) (see paras 33-36, 110, 115-124, 128-134, 141)

2. Agreements, decisions and concerted practices — Agreements between undertakings — Concept — Participation in meetings having an anti-competitive object — Included — Condition — No distancing from the decisions taken — Criteria for assessment (Art. 101(1) TFEU; EEA Agreement, Art. 53) (see paras 41-47, 84, 105, 106, 110)

3. Competition — Fines — Amount — Determination — Determination of the basic amount — Determination of the value of sales — Sales carried out in direct or indirect relation to the infringement — Account taken of sales made at the worldwide level in order to reflect the relative importance of each undertaking in the infringement (Art. 101(1) TFEU; EEA Agreement, Art. 53; Commission communication 2006/C 210/02, paras 13 and 18) (see paras 155-163)

4. Competition — Fines — Amount — Determination — Whether the Commission is obliged to abide by its previous decision-making practice — None (Art. 101(1) TFEU; Commission communication 2006/C 210/02) (see para. 164)

5. Competition — Fines — Guidelines on the method of setting fines — Legal nature — Indicative rule of conduct implying a self-limitation on the discretion of the Commission — Obligation to comply with the principles of equal treatment, protection of legitimate expectations and legal certainty (Art. 101(1) TFEU; Commission communication 2006/C 210/02) (see paras 170, 171)

6. Competition — Fines — Amount — Determination — Determination of the basic amount — Determination of the value of sales — Factors to be taken into consideration — Observance of the principle of proportionality (Art. 101(1) TFEU; EEA Agreement, Art. 53; Commission communication 2006/C 210/02, para. 18) (see paras 179-184)

7. Competition — Fines — Amount — Determination — Determination of the basic amount — Gravity of the infringement — ‘Entry fee’ — Factors to be taken into consideration (Art. 101(1) TFEU; EEA Agreement, Art. 53; Commission communication 2006/C 210/02, paras 20 to 23 and 25) (see paras 190-196)

8. Competition — Fines — Amount — Determination — Adjustment of the basic amount — Mitigating circumstances — Conduct deviating from that agreed within the cartel (Art. 101(1) TFEU; EEA Agreement, Art. 53; Commission communication 2006/C 210/02, para. 29) (see para. 209)

9. Competition — Fines — Amount — Determination — Adjustment of the basic amount — Mitigating circumstances — Threats and pressure exerted on an undertaking — Not included (Art. 101(1) TFEU; EEA Agreement, Art. 53; Commission communication 2006/C 210/02, para. 29) (see para. 217)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicant and, in the alternative, a reduction of the fine imposed on the applicant.

Operative part

The Court:

1. Dismisses the action;