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Judgment of the General Court (Fourth Chamber) of 6 March 2012.#UPM-Kymmene Oyj v European Commission.#Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Single and continuous infringement — Fines — Gravity of the infringement — Mitigating circumstances — Undertaking playing a passive role — Proportionality.#Case T-53/06.
ECLI:EU:T:2012:101
62006TJ0053
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(Case T-53/06)
4. Competition — Fines — Amount — Determination — Turnover taken into consideration — Reference year — Last complete year of the infringement (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 88, 91-92)
7. Competition — Fines — Amount — Determination — Criteria — Gravity of the infringement — Aggravating circumstances — Repeated infringement — Similar infringements successively committed by two subsidiaries of the same parent (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03) (see paras 129-133)
9. Competition — Fines — Amount — Determination — Criteria — Gravity of the infringement — Obligation to take account of the actual impact on the market — Scope (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03) (see paras 143-146)
Re:
APPLICATION for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags).
Operative part
The Court:
1.Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds UPM-Kymmene Oyj liable for the single and continuous infringement referred to in Article 1(1) thereof, in respect of the period prior to 10 October 1995;
2.Sets the amount of the fine imposed by Article 2(j) of that decision at EUR 50.7 million;
3.Dismisses the action as to the remainder;
4.Orders the European Commission and UPM-Kymmene each to bear their own costs.