CELEX: 62006TJ0051
Language: en
Date: 2011-11-16 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 16 November 2011.#Fardem Packaging BV v European Commission.#Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Fines - Gravity of the infringement - Attenuating circumstances - Cooperation during the administrative procedure.#Case T-51/06.

Judgment of the General Court (Fourth Chamber) of 16 November 2011 – Fardem Packaging v Commission
      (Case T-51/06)
      Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Fines – Gravity of the infringement – Attenuating circumstances – Cooperation during the administrative procedure
      1.                     Competition – Agreements, decisions and concerted practices – Agreements and concerted practices constituting a single infringement
            – Undertakings that may be held responsible for participating in an overall cartel – Criteria – Commission not obliged, in
            its decision, to specify the infringement by undertaking and by country (Art. 81(1) EC) (see paras 42-45)
      2.                     Competition – Fines – Amount – Determination – Criteria – Market share of the undertaking concerned – Discretion of the Commission
            (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23; Commission Notice 97/C 372/03) (see paras 54-59)
      3.                     Competition – Fines – Amount – Determination – Criteria – Commission's margin of discretion – Raising of the general level
            of fines (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23) (see paras 67, 69)
      4.                     Competition – Fines – Amount – Determination – Division of the undertakings concerned into different categories – Conditions
            – Respect for the principle of equal treatment – Observance of the principle of proportionality (Art. 81(1) EC; Council Regulation
            No 1/2003, Art. 23) (see paras 77-78)
      5.                     Competition – Fines – Amount – Determination – Mitigating circumstances – Participation allegedly under constraint at meetings
            of undertakings having an anti-competitive purpose – No intention to restrict competition – Not relevant (Art. 81(1) EC; Council
            Regulation No 1/2003, Art. 23) (see paras 95-100)
      6.                     Competition – Fines – Amount – Determination – Non-imposition or reduction of the fine for cooperation of the undertaking
            concerned – Need for conduct which facilitated the Commission's finding of an infringement – Discretion of the Commission
            – Limits – Respect for the principle of equal treatment (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23; Commission
            Notice 96/C 207/04) (see paras 145-148)
      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
                  for annulment or reduction of the fine imposed on the applicant by that decision.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Fardem Packaging BV to pay the costs.