Judgment of the General Court (Fourth Chamber) of 6 March 2012 -- FLS
   Plast v Commission

   (Case T-64/06)

   Competition -- Agreements, decisions and concerted practices -- Plastic
   industrial bags sector -- Decision finding an infringement of Article
   81 EC -- Duration of the infringement -- Fines -- Gravity of the
   infringement -- Mitigating circumstances -- Cooperation during the
   administrative procedure -- Proportionality -- Joint and several
   liability -- Principle of ne bis in idem

   1.                     EU competition rules -- Infringements --
   Attribution -- Parent company and subsidiaries -- Economic unit --
   Criteria for assessment -- Presumption of decisive influence exercised
   by the parent company over its wholly-owned subsidiaries -- Evidential
   obligations of a company seeking to rebut that presumption (Art. 81(1)
   EC) (see paras 26-31, 52-55, 65, 76)

   2.                     Competition -- Agreements, decisions and
   concerted practices -- Participation in meetings of undertakings having
   an anti-competitive object -- Circumstances from which, where the
   undertaking concerned has not distanced itself from the decisions
   adopted, it may be concluded that it participated in the ensuing cartel
   -- Representative of an undertaking not informing the latter of the
   anti-competitive nature of the meetings -- No effect (Art. 81(1) EC)
   (see paras 68-69)

   3.                     Competition -- Fines -- Assessment by reference
   to the individual conduct of the undertaking -- Irrelevant that another
   economic operator not penalised (Art. 81(1) EC; Council Regulation No
   1/2003, Art. 23(2)) (see para. 88)

   4.                     Competition -- Fines -- Amount -- Determination
   -- Criteria -- Undertaking transferred several times during the
   infringement -- Succession of several parent companies -- Imputation to
   each parent company of the same starting amount -- Joint and several
   liability of the parent companies for a total amount exceeding the
   amount of the fine in imposed on the subsidiary -- Lawfulness (Art.
   81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice
   98/C 9/03) (see paras 99-102)

   5.                     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
   124-127)

   6.                     Competition -- Fines -- Amount -- Determination
   -- Maximum amount -- Calculation -- Turnover to be taken into
   consideration -- Cumulative turnover of all the companies constituting
   the economic unit acting as an undertaking -- Limits (Art. 81(1) EC;
   Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03,
   Section 5) (see paras 135-138, 140)

   7.                     Competition -- Fines -- Amount -- Determination
   -- Criteria -- Deterrent effect -- Deterrent effect on both the
   undertaking in breach and third parties -- Possibility of fining an
   undertaking no longer active on the market concerned at the date of the
   decision (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see
   paras 146-147)

   8.                     Competition -- Fines -- Amount -- Determination
   -- Non-imposition or reduction of the fine for cooperation of the
   undertaking concerned -- Conditions -- Parent company and subsidiaries
   -- Individual assessment of the cooperation of those companies (Art.
   81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice
   96/C 207/04, Title D, Section 2) (see paras 163-166, 168-176)

   Re:

   APPLICATION for the partial annulment of Commission Decision C(2005)
   4634 final of 30 November 2005 relating to a proceeding pursuant to
   Article 81 [EC] (Case COMP/F/38.354 -- Industrial bags) and, in the
   alternative, for reduction of the fine imposed on the applicant by that
   decision.

   Operative part

   The Court:

   1.

   Annuls Commission Decision C(2005) 4634 final of 30 November 2005
   relating to a proceeding pursuant to Article 81 [EC] (Case
   COMP/F/38.354 -- Industrial bags) in so far as it holds FLS Plast A/S
   liable for the single and continuous infringement referred to in
   Article 1(1) thereof, for the period from 31 December 1990 to 31
   December 1991;

   2.

   Sets the amount for payment of which FLS Plast is held jointly and
   severally liable under Article 2(f) of Decision C(2005) 4634 at
   EUR 14.45 million;

   3.

   Dismisses the action as to the remainder;

   4.

   Orders the European Commission and FLS Plast each to bear their own
   costs.