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Judgment of the General Court (Fourth Chamber) of 6 March 2012.#FLS Plast A/S 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 — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability — Principle of ne bis in idem.#Case T-64/06.
ECLI:EU:T:2012:102
62006TJ0064
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(Case T-64/06)
3. Competition — Fines — Assessment by reference to the individual conduct of the undertaking — Irrelevant that another economic operator not penalised (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see para. 88)
5. Competition — Fines — Amount — Determination — Criteria — Gravity of the infringement — Mitigating circumstances — Passive or ‘follow-my-leader’ role of the undertaking — Criteria for assessment (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03, Section 3, first indent) (see paras 124-127)
7. Competition — Fines — Amount — Determination — Criteria — Deterrent effect — Deterrent effect on both the undertaking in breach and third parties — Possibility of fining an undertaking no longer active on the market concerned at the date of the decision (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 146-147)
Re:
APPLICATION for the partial 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) and, in the alternative, for reduction of the fine imposed on the applicant by that decision.
Operative part
The Court:
3. Dismisses the action as to the remainder;