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

   (Case T-78/06)

   Competition - Agreements, decisions and concerted practices - Plastic
   industrial bags sector - Decision finding an infringement of Article 81
   EC - Concept of undertaking - Imputability of the unlawful conduct -
   Presumption of innocence

   1.                     Community law - Principles - Fundamental rights
   - Presumption of innocence and defence rights - Procedures in
   competition matters - Applicability (Art. 6(2) EU; Art. 81(1) EC;
   Charter of Fundamental Rights of the European Union, Art. 48) (see
   paras 23-24)

   2.                     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 - No
   obligation on the Commission to demonstrate the involvement of the
   parent company in the infringing conduct - (Art. 81(1) EC) (see paras
   25-30)

   3.                     Competition - Community rules - Infringements -
   Attribution - Parent company and subsidiaries - Economic unit -
   Criteria for assessment - Presumption of dominant influence by the
   parent company over its wholly-owned or almost wholly-owned
   subsidiaries - Commission's option to attribute to the parent company
   liability for the infringing conduct of its subsidiary (Art. 81(1) EC)
   (see para. 35)

   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
   reduction of the fine imposed on the applicant.

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders Armando Álvarez, SA to pay the costs.