Judgment of the General Court (Fourth Chamber) of 16 November 2011 -
   Low & Bonar and Bonar Technical Fabrics v Commission

   (Case T-59/06)

   Competition - Agreements, decisions and concerted practices - Plastic
   industrial bags sector - Decision finding an infringement of Article 81
   EC - Single and continuous infringement - Fines - Mitigating
   circumstances - Passive role - Proportionality - Equal treatment -
   Unlimited jurisdiction

   1.                     Actions for annulment - Admissibility - Decision
   imposing a fine for infringement of the competition rules - Action
   seeking to obtain reimbursement of default interest borne by an
   undertaking by reason of payment of the fine - Inadmissibility (Art.
   230 EC) (see paras 23-26)

   2.                     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 - Burden of proof (Art.
   81(1) EC) (see paras 61-62, 64)

   3.                     Competition - Fines - Amount - Determination -
   Criteria - Gravity of the infringement - Mitigating circumstances -
   Passive or `follow-my-leader' role of the undertaking - Criteria for
   assessment (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2);
   Commission Notice 98/C 9/03, Section 3, first indent) (see paras 73-74,
   79)

   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
   annulment or reduction of the fine imposed on the applicants.

   Operative part

   The Court:

   1.

   Sets the amount of the fine imposed by Article 2(l) 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)
   at EUR 9.18 million;

   2.

   Dismisses the action as to the remainder;

   3.

   Orders the European Commission, Low & Bonar plc and Bonar Technical
   Fabrics NV each to bear their own costs.