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Judgment of the General Court (Fourth Chamber) of 16 November 2011.#Armando Álvarez, SA v European Commission.#Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Concept of undertaking - Imputability of the unlawful conduct - Presumption of innocence.#Case T-78/06.
ECLI:EU:T:2011:673
62006TJ0078
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(Case T-78/06)
Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Concept of undertaking – Imputability of the unlawful conduct – Presumption of innocence
3. Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Economic unit – Criteria for assessment – Presumption of dominant influence by the parent company over its wholly-owned or almost wholly-owned subsidiaries – Commission’s option to attribute to the parent company liability for the infringing conduct (Art. 81(1) EC) (see para. 35)
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 reduction of the fine imposed on the applicant.
Operative part
The Court:
1.Dismisses the action;
2.Orders Armando Álvarez, SA to pay the costs.