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:

Operative part

The Court: