(Case T-72/06)

Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Imputability of the unlawful conduct – Fines – Maximum limit of 10% of turnover – Proportionality

3. 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 – Evidential obligations of a company seeking to rebut that presumption (Art. 81(1) EC) (see paras 66-71, 92)

4. Competition – Fines – Amount – Determination – Maximum amount – Calculation – Turnover to be taken into consideration – Cumulative turnover of all the companies constituting the economic unit acting as an undertaking – No obligation on the Commission to demonstrate lack of autonomy on the part of each of the subsidiaries of the group (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 106-115)

5. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Determination of the fine in proportion to the factors for assessment of the gravity of the infringement (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03) (see paras 128, 130-131)

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 application for amendment of that decision.

Operative part

The Court:

1.Dismisses the action;

2.Orders Groupe Gascogne SA to pay the costs.