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Judgment of the General Court (Fourth Chamber) of 16 November 2011.#Sachsa Verpackung GmbH v European Commission.#Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Price fixing – Allocation of sales quotas by geographic area – Allocation of customers – Exchange of individualised information – Proof of the infringement – Duration of the infringement – Fines – Gravity of the infringement – Proportionality – Attenuating circumstances – Follow-my-leader role.#Case T-79/06.
ECLI:EU:T:2011:674
62006TJ0079
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(Case T-79/06)
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 para. 60)
4. Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Economic unit – Criteria for assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries (Art. 81(1) EC) (see paras 85-87)
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 (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 105-108)
10. Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances – Actual cooperation of the undertaking in the procedure, outside the scope of the Leniency Notice – Inclusion – Conditions (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03, Section 3, sixth indent) (see paras 223-225)
12. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Determination of the fine in proportion to the factors for assessing the gravity of the infringement (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see para. 258)
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 amendment of that decision.
Operative part
The Court:
1.Dismisses the action;
2.Orders Gascogne Sack Deutschland GmbH to pay the costs.