Judgment of the General Court (Fourth Chamber) of 16 November 2011 -
   Groupe Gascogne v Commission

   (Case T-72/06)

   Competition - Agreements, decisions and concerted practices - Plastic
   industrial bags sector - Decision finding an infringement of Article 81
   EC - Imputability of the unlawful conduct - Fines - Maximum limit of
   10% of turnover - Proportionality

   1.                     Actions for annulment - Judgment annulling a
   measure - Effects - Annulment of a Commission decision finding a breach
   of the competition rules - Effects in relation to addressees not having
   brought an action - None (Arts 81 EC, 230 EC and 249 EC) (see para. 20)

   2.                     Procedure - Introduction of new pleas during the
   proceedings - Conditions - Pleas based on matters which have come to
   light in the course of the procedure - Entry into force of the Treaty
   of Lisbon - New fact justifying the introduction of a complaint based
   on infringement of the presumption of innocence - Not included (Art. 6
   TEU; Charter of Fundamental Rights of the European Union, Art. 48;
   Statute of the Court of Justice, Art. 21; Rules of Procedure of the
   General Court, Arts 44(1)(c) and 48(2)) (see paras 27-30)

   3.                     Competition - Community 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 66-71, 92)

   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 - No obligation on the Commission to
   demonstrate lack of autonomy on the part of each of the subsidiaries of
   the group (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2))
   (see paras 106-115)

   5.                     Competition - Fines - Amount - Determination -
   Criteria - Gravity of the infringement - Determination of the fine in
   proportion to the factors for assessment of the gravity of the
   infringement (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2);
   Commission Notice 98/C 9/03) (see paras 128, 130-131)

   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 application for amendment of
   that decision.

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders Groupe Gascogne SA to pay the costs.