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Judgment of the General Court (Third Chamber) of 27 June 2012.#YKK Corp. and Others v European Commission.#Competition — Agreements, decisions and concerted practices — Markets for zip fasteners and ‘other fasteners’, and for attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information — Single and continuous infringement — Evidence — Nature and implementation of the infringement — Real impact — Leniency Notice — Fines — Upper limit — Dissuasive effect of the fine — Equal treatment — Proportionality.#Case T‑448/07.

ECLI:EU:T:2012:322

62007TJ0448

June 27, 2012
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3. Competition — Administrative procedure — Commission decision finding an infringement — Means of proof — Reliance on a body of evidence — Degree of evidential value necessary as regards items of evidence viewed in isolation (Art. 81(1) EC) (see paras 71, 80, 105)

5. Agreements, decisions and concerted practices — Concerted practice — Concept — Exchange of information in the context of a cartel or with a view to its preparation (Art. 81(1) EC) (see paras 76-79)

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 — Public distancing — Restrictive interpretation (Art. 81(1) EC) (see paras 113-117)

9. Competition — Fines — Amount — Determination — Principles of equal treatment — Decision-making practice of the Commission — Indicative character (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2) and (3)) (see paras 149-151)

10. Competition — Fines — Amount — Determination — Non-imposition or reduction of the fine for cooperation of the undertaking concerned — Need for conduct which facilitated the Commission's finding of an infringement — Discretion of the Commission — Judicial review — Limits (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 96/C 207/04) (see paras 170-172)

11. Competition — Fines — Amount — Determination — Maximum amount — Calculation — Turnover to be taken into consideration — Cumulative turnover of all the companies constituting the economic entity operating as an undertaking (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 192, 193)

Re:

APPLICATION for, primarily, 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) in so far as it concerns the applicants and, in the alternative, annulment or reduction of their respective fines.

Operative part

The Court:

1.Dismisses the action;

2.Orders YKK Corp., YKK Holding Europe BV and YKK Stocko Fasteners GmbH to pay the costs.

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