Judgment of the General Court (Fourth Chamber) of 16 November 2011 -
   Fardem Packaging v Commission

   (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

   1.                     Competition - Agreements, decisions and
   concerted practices - Agreements and concerted practices constituting a
   single infringement - Undertakings that may be held responsible for
   participating in an overall cartel - Criteria - Commission not obliged,
   in its decision, to specify the infringement by undertaking and by
   country (Art. 81(1) EC) (see paras 42-45)

   2.                     Competition - Fines - Amount - Determination -
   Criteria - Market share of the undertaking concerned - Discretion of
   the Commission (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23;
   Commission Notice 97/C 372/03) (see paras 54-59)

   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)

   5.                     Competition - Fines - Amount - Determination -
   Mitigating circumstances - Participation allegedly under constraint at
   meetings of undertakings having an anti-competitive purpose - No
   intention to restrict competition - Not relevant (Art. 81(1) EC;
   Council Regulation No 1/2003, Art. 23) (see paras 95-100)

   6.                     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
   - Limits - Respect for the principle of equal treatment (Art. 81(1) EC;
   Council Regulation No 1/2003, Art. 23; Commission Notice 96/C 207/04)
   (see paras 145-148)

   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.