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Case T-59/06: Judgment of the General Court of 16 November 2011 — Low & Bonar and Bonar Technical Fabrics v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Single and continuous infringement — Fines — Attenuating circumstances — Passive role — Proportionality — Equal treatment — Unlimited jurisdiction)

ECLI:EU:UNKNOWN:62006TA0059

62006TA0059

November 16, 2011
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7.1.2012

Official Journal of the European Union

C 6/10

(Case T-59/06) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Single and continuous infringement - Fines - Attenuating circumstances - Passive role - Proportionality - Equal treatment - Unlimited jurisdiction)

2012/C 6/13

Language of the case: English

Parties

Applicants: Low & Bonar plc (Dundee, Scotland, United Kingdom) and Bonar Technical Fabrics NV (Zele, Belgium) (represented by: L. Garzaniti, lawyer, and M. O’Regan, Solicitor)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, assisted by M. Gray, Barrister)

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 annulment or reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1.Sets the amount of the fine imposed by Article 2(l) 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) at EUR 9.18 million;

2.Dismisses the action as to the remainder;

3.The European Commission, Low & Bonar plc and Bonar Technical Fabrics NV shall each bear their own costs.

(<span class="super">1</span>) OJ C 86, 8.4.2006.

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