(Case T-76/06)

Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81(1) EC – Exchange of individualised information – Fixing of prices and sales quotas by geographic area – Allocation of customers – Concerted bidding in response to invitations to tender – Single and continuous infringement – Extent of the infringement – Definition of the product market and the geographic market – Guidelines for the calculation of fines – Principles of equal treatment and proportionality – Aggravating and attenuating circumstances – Ceiling of 10% of turnover

3. Competition – Agreements, decisions and concerted practices – Definition of the market – Purpose – Obligation to define the market in question – Limits (Art. 81(1) EC) (see paras 80-84)

4. Competition – Fines – Amount – Determination – Division of the undertakings concerned into different categories – Classification by order of size – Margin of discretion of the Commission (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03) (see paras 92-93)

5. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Assessment – Economic reality at the time the infringement was committed to be taken into account – Commission’s use of the same reference year for all the undertakings which participated in the infringement – Lawfulness (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(3); Commission Notice 98/C 9/03, Section 1A) (see paras 111-112)

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 Plasticos Españoles, SA (ASPLA) to pay the costs.