CELEX: 62006TJ0078
Language: en
Date: 2011-11-16
Title: Judgment of the General Court (Fourth Chamber) of 16 November 2011. # Armando Álvarez, SA v European Commission. # Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Concept of undertaking - Imputability of the unlawful conduct - Presumption of innocence. # Case T-78/06.

Judgment of the General Court (Fourth Chamber) of 16 November 2011 – Álvarez v Commission
      (Case T-78/06)
      Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Concept of undertaking – Imputability of the unlawful conduct – Presumption of innocence
      1.                     Community law – Principles – Fundamental rights – Presumption of innocence and defence rights – Procedures in competition
            matters – Applicability (Art. 6(2) EU; Art. 81(1) EC; Charter of Fundamental Rights of the European Union, Art. 48) (see paras
            23-24)
      2.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Economic unit – Criteria for
            assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries – No obligation
            on the Commission to demonstrate the involvement of the parent company in the infringing conduct – (Art. 81(1) EC) (see paras
            25-30)
      3.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Economic unit – Criteria for
            assessment – Presumption of dominant influence by the parent company over its wholly-owned or almost wholly-owned subsidiaries
            – Commission’s option to attribute to the parent company liability for the infringing conduct of its subsidiary (Art. 81(1)
            EC) (see para. 35)
      Re:
      
         
               APPLICATION for annulment in part of Commission Decision C (2005) 4634 final of 30 November 2005 relating to a proceeding
                  under Article 81 [EC] (Case COMP/F/38.354 – Industrial bags), concerning a cartel on the market for plastic industrial bags,
                  and, in the alternative, for reduction of the fine imposed on the applicant.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Armando Álvarez, SA to pay the costs.