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3. Agreements, decisions and concerted practices — Agreements and concerted practices constituting a single infringement — Undertakings that may be held responsible for participating in an overall cartel — Criteria (Art. 81(1) EC) (see paras 69-72)
6. Agreements, decisions and concerted practices — Participation in meetings having an anti-competitive object — Circumstances from which, where the undertaking concerned has not distanced itself from the decisions adopted, it may be concluded that it participated in the ensuing cartel — Conduct deviating from that agreed within the cartel — Not relevant (Art. 81(1) EC) (see paras 113-118, 130-134)
9. Competition — Fines — Amount — Determination — Criteria — Commission's margin of discretion — Judicial review — Scope (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03) (see paras 202-206)
10. Competition — Fines — Amount — Determination — Criteria — Gravity and duration of the infringement — Matters to be assessed (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 98/C 9/03) (see paras 207, 208, 210)
11. 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) and (3); Commission Notice 98/C 9/03, Section 3, first indent) (see paras 216, 217, 219)
APPLICATION for annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 — PO/Hard Haberdashery: Fasteners) or, in the alternative, reduction of the amount of the fine imposed on the applicant by that decision.
The Court:
1.Dismisses the action;
2.Orders Berning & Söhne GmbH & Co. KG to pay the costs.