Case T-220/00





Cheil Jedang Corp.

v

Commission of the European Communities





«(Competition – Cartel – Lysine – Guidelines for calculating the amount of fines – Applicability – Seriousness and duration of the infringement – Turnover – Mitigating circumstances)»

Judgment of the Court of First Instance (Fourth Chamber), 9 July 2003

Summary of the Judgment

1.. Community law – Principles – Protection of legitimate expectations – Conditions – Protection against exercise by the Commission of its power to raise the level of fines penalising infringements of the competition rules – None

(Council Regulation No 17)

2.. Community law – General principles of law – Non-retroactivity of criminal provisions – Scope – Fines imposed for infringements of the competition rules – Included – Infringement by reason of the application of the Guidelines for the calculation of fines to an infringement prior to their introduction – None

(European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 7; Council Regulation No 17, Art. 15(2))

3.. Competition – Fines – Amount – Commission's margin of discretion – Possibility of increasing the fines in order to strengthen their deterrent effect

(Council Regulation No 17, Art. 15)

4.. Competition – Fines – Amount – Determination thereof – Guidelines adopted by the Commission – Obligation on the Commission to comply with them

(Council Regulation No 17, Art. 15(2))

5.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Taking into account of the total turnover of the undertaking concerned and the turnover achieved by sales of goods which were the subject-matter of the infringement – Limits

(Council Regulation No 17, Art. 15(2))

6.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Measure of the effective capacity to cause damage on the relevant market – Relevance of the market share held by the undertaking concerned

(Art. 81(1) EC; Council Regulation No 17, Art. 15(2))

7.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Measure of the actual impact on competition of the infringing conduct of each undertaking – Relevance of the turnover achieved with the products forming the subject-matter of a restrictive practice

(Art. 81(1) EC; Council Regulation No 17, Art. 15(2))

8.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Mitigating circumstances – Passive or follow-my-leader role of the undertaking

(Council Regulation No 17, Art. 15)

9.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Mitigating circumstances – Agreement not implemented in practice – Assessment at the level of the individual conduct of each undertaking

(Council Regulation No 17, Art. 15)

10.. Competition – Fines – Amount – Appropriateness – Review by the Court – Factors which may be taken into account by the Community judicature – Information not contained in the decision imposing the fine and not required in the statement of reasons – Included

(Arts 229 EC, 230 EC and 253 EC; Council Regulation No 17, Art. 17)

11.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines – Indication of the factors by which the Commission assessed the seriousness and duration of the infringement – Sufficient indication

(Art. 253 EC; Council Regulation No 17, Art 15(2), second subpara.)

12.. Competition – Fines – Amount – Determination thereof – Method of calculation defined by guidelines laid down by the Commission – Application of percentages to the basic amount of the fine

(Council Regulation No 17, Art. 15(2))

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