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

   (Case T-65/06)

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

   1.                     Competition -- EU 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 -- Holding
   company holding 100% of the capital of an interposed company holding
   all the capital of a group subsidiary -- Evidential obligations of the
   company seeking to rebut that presumption (Art. 81(1) EC) (see paras
   22-24, 26-40)

   2.                     Competition -- Fines -- Assessment by reference
   to the individual conduct of the undertaking -- Irrelevant that no
   sanction brought against another economic operator (Art. 81(1) EC;
   Council Regulation No 1/2003, Art. 23(2)) (see para. 35)

   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
   57-59, 63)

   4.                     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 78-79)

   5.                     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 83-86, 88-96)

   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 FLSmidth & Co.
   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 FLSmidth & Co. 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 FLSmidth & Co. each to bear their
   own costs.