Judgment of the Court of First Instance (Second Chamber) of 12
   September 2007 - Prym and Prym Consumer v Commission

   (Case T-30/05)

   Competition - Cartels - European haberdashery market (needles) -
   Product market sharing - Geographic market sharing - Fine - Guidelines
   on the method of setting fines - Duty to state reasons - Gravity and
   duration of the infringement - Leniency notice

   1.                     Competition - Fines - Amount - Limit -
   Application to each fine individually in the case of distinct
   infringements (Council Regulation No 1/2003, Art. 23(2)) (see paras
   63-64)

   2.                     Community law - Principles - Protection of
   legitimate expectations - Conditions (Internal Rules of the Commission,
   Art. 1) (see para. 67)

   3.                     Competition - Administrative procedure -
   Decision finding an infringement - Obligation to define the market in
   question - Scope (Art. 81 EC) (see paras 86-88)

   4.                     Competition - Fines - Amount - Determination -
   Measure of the actual capacity to cause significant damage to
   competition on the market concerned (Art. 81(1) EC; Council Regulation
   No 17, Art. 15(2)) (see para. 90)

   5.                     Acts of the institutions - Statement of reasons
   - Obligation - Scope (Art. 253 EC) (see para. 92)

   6.                     Competition - Agreements, decisions and
   concerted practices - Agreements between undertakings - Effect on trade
   between Member States - Criteria - Market not significantly affected -
   Agreement not prohibited (Art. 81(1) EC) (see paras 102-103, 140)

   7.                     Competition - Fines - Amount - Determination -
   Criteria - Seriousness of the infringement (Art. 81(1) EC; Council
   Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03, point 5(b))
   (see paras 108, 110, 191)

   8.                     Competition - Fines - Amount - Determination -
   Criteria - Duration of the infringement (Art. 81(1) EC; Council
   Regulation No 17, Art. 15(2)) (see paras 127-128, 133)

   9.                     Competition - Community rules - Infringement
   committed by a wholly owned subsidiary - Imputed by presumption to the
   parent company (Art. 81 EC) (see para. 146)

   10.                     Competition - Fines - Amount - Determination -
   Power of assessment conferred on the Commission by Article 23 of
   Regulation No 1/2003 (Council Regulation No 1/2003, Art. 23) (see paras
   153-156)

   11.                     Community law - Principles - Non-retroactivity
   of penal provisions - Scope - Fines imposed for breach of the
   competition rules - Included (Council Regulation No 1/2003, Art. 23;
   Commission Notice 98/C 9/03) (see paras 164-168)

   12.                     Competition - Fines - Amount - Determination -
   Criteria - Seriousness and duration of the infringement (Council
   Regulation No 1/2003, Art. 17, Arts 15(2) and 23; Commission Notice
   98/C 9/03, point 1 A, para. 6 ) (see paras 180-182, 238, 240-241)

   13.                     Competition - Fines - Amount - Determination -
   Criteria - Seriousness of the infringement - Attenuating circumstances
   (Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03,
   point 3) (see paras 204-205, 207-208, 211)

   14.                     Competition - Fines - Amount - Determination -
   Commission's margin of discretion - Limits - Compliance with the
   proportionality principle (Council Regulation No 1/2003, Art. 23(2))
   (see paras 223-224, 226)

   15.                     Competition - Fines - Amount - Determination -
   Criteria - Obligation to take account of the financial situation of the
   undertaking concerned (Council Regulation No 17, Art. 15(2)) (see para.
   230)

   16.                     Competition - Fines - Amount - Determination -
   Criteria - Attitude of the undertaking during the administrative
   procedure (Council Regulation No 17, Art. 15(2); Commission Notice 96/C
   207/04, Title D, point 2) (see paras 251-252)

   Re:

   APPLICATION, principally, for annulment of Commission Decision C(2004)
   4221 final of 26 October 2004 relating to a proceeding under Article
   81 [EC] (Case COMP/F-1/38.338 - PO/Needles) in so far as it relates to
   the applicants, and, in the alternative, for annulment or reduction of
   the fine imposed on the applicants.

   Operative part

   The Court:

   1.

   Sets the amount of the fine imposed on William Prym GmbH & Co. KG and
   Prym Consumer GmbH & Co. KG under Article 2 of Commission Decision
   C(2004) 4221 final of 26 October 2004 relating to a proceeding under
   Article 81 [EC] (Case COMP/F-1/38.338 - PO/Needles) at EUR 27 million;

   2.

   Dismisses the remainder of the appeal;

   3.

   Orders William Prym and Prym Consumer to bear 90% of their own costs
   and to pay 90% of the costs incurred by the Commission, and the
   Commission to bear 10% of its own costs and to pay 10% of the costs
   incurred by William Prym and Prym Consumer.