(Case T-26/06)

Competition – Agreements, decisions and concerted practices – Market for industrial plastic sacks – Decision finding an infringement of Article 81 EC – Duration of the infringement – Fines – Gravity of the infringement – Mitigating circumstances – Cooperation during the administrative procedure – Proportionality

4. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Mitigating circumstances – Passive or ‘follow-my-leader’ role of the undertaking – Criteria for assessment (Council Regulation No 1/2003, Art. 23(3); Commission Communication 98/C 9/03, para. 3) (see paras 92-94)

5. 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 (Council Regulation No 1/2003, Art. 23(2); Commission Communication 98/C 9/03, para. 5) (see paras 112-113, 115, 145)

Re:

APPLICATION for partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a procedure under Article 81 [EC] (Case COMP/F/38.354 – Industrial sacks) concerning an agreement in the market for plastic industrial sacks and, in the alternative, an application for reduction of the amount of the fine imposed on the applicant.

Operative part

The Court:

1.Dismisses the action;

2.Orders Trioplast Witteheim SA to pay the costs.