Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

Operative part

The Court:

1. Dismisses the action;

2. Orders Armando Álvarez, SA to pay the costs.