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:

Operative part

The Court: