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Judgment of the General Court (Fourth Chamber) of 16 November 2011.#Fardem Packaging BV v European Commission.#Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Fines - Gravity of the infringement - Attenuating circumstances - Cooperation during the administrative procedure.#Case T-51/06.

ECLI:EU:T:2011:666

62006TJ0051

November 16, 2011
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(Case T-51/06)

Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Fines – Gravity of the infringement – Attenuating circumstances – Cooperation during the administrative procedure

3. Competition – Fines – Amount – Determination – Criteria – Commission's margin of discretion – Raising of the general level of fines (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23) (see paras 67, 69)

4. Competition – Fines – Amount – Determination – Division of the undertakings concerned into different categories – Conditions – Respect for the principle of equal treatment – Observance of the principle of proportionality (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23) (see paras 77-78)

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 for annulment or reduction of the fine imposed on the applicant by that decision.

Operative part

The Court:

1.Dismisses the action;

2.Orders Fardem Packaging BV to pay the costs.

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