Judgment of the General Court (Third Chamber) of 27 June 2012 --
   YKK and Others v Commission
   (Case T-448/07)

   Competition -- Agreements, decisions and concerted practices -- Markets
   for zip fasteners and `other fasteners', and for attaching machines --
   Decision finding an infringement of Article 81 EC -- Coordinated price
   increases, fixing of minimum prices, customer-sharing, market-sharing
   and exchange of other commercial information -- Single and continuous
   infringement -- Evidence -- Nature and implementation of the
   infringement -- Real impact -- Leniency Notice -- Fines -- Upper
   limit -- Dissuasive effect of the fine -- Equal treatment --
   Proportionality

   1.                     Proceedings -- Measures of inquiry -- Hearing of
   witnesses -- Discretion of the General Court (Rules of Procedure of the
   General Court, Art. 68) (see paras 43, 44)

   2.                     Competition -- Administrative procedure --
   Commission decision finding an infringement -- Use as evidence of
   statements of other undertakings which participated in the
   infringement -- Lawfulness -- Probative value of voluntary depositions
   made by the main participants in a cartel with a view to benefiting
   from the Leniency Notice (Art. 81(1) EC; Commission Notices 96/C 207/04
   and 2002/C 45/03) (see paras 52-58)

   3.                     Competition -- Administrative procedure --
   Commission decision finding an infringement -- Means of proof --
   Reliance on a body of evidence -- Degree of evidential value necessary
   as regards items of evidence viewed in isolation (Art. 81(1) EC) (see
   paras 71, 80, 105)

   4.                     Agreements, decisions and concerted practices --
   Agreements between undertakings -- Concept -- Joint intention as to the
   conduct to be adopted on the market (Art. 81(1) EC) (see paras 74, 75,
   79)

   5.                     Agreements, decisions and concerted practices --
   Concerted practice -- Concept -- Exchange of information in the context
   of a cartel or with a view to its preparation (Art. 81(1) EC) (see
   paras 76-79)

   6.                     Agreements, decisions and concerted practices --
   Participation in meetings 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 -- Public distancing --
   Restrictive interpretation (Art. 81(1) EC) (see paras 113-117)

   7.                     Competition -- Fines -- Amount --
   Determination -- Infringements classified as very serious on the basis
   of their nature alone -- No requirement to determine their impact and
   their geographical extent (Art. 81(1) EC; Council Regulation No 1/2003,
   Art. 23(3); Commission Notice 98/C 9/03, Section 1A) (see
   paras 123-126, 138, 139, 143)

   8.                     Competition -- Fines -- Amount --
   Determination -- Criteria -- Gravity of the infringement -- Effective
   capacity to cause significant damage to competition on the market
   concerned -- Relevance of the market shares of the undertaking
   concerned (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2) and
   (3)) (see paras 147, 148)

   9.                     Competition -- Fines -- Amount --
   Determination -- Principles of equal treatment -- Decision-making
   practice of the Commission -- Indicative character (Art. 81(1) EC;
   Council Regulation No 1/2003, Art. 23(2) and (3)) (see paras 149-151)

   10.                     Competition -- Fines -- Amount --
   Determination -- Non-imposition or reduction of the fine for
   cooperation of the undertaking concerned -- Need for conduct which
   facilitated the Commission's finding of an infringement -- Discretion
   of the Commission -- Judicial review -- Limits (Art. 81(1) EC; Council
   Regulation No 1/2003, Art. 23(2) and (3); Commission Notice
   96/C 207/04) (see paras 170-172)

   11.                     Competition -- Fines -- Amount --
   Determination -- Maximum amount -- Calculation -- Turnover to be taken
   into consideration -- Cumulative turnover of all the companies
   constituting the economic entity operating as an undertaking
   (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see
   paras 192, 193)

   Re:

   APPLICATION for, primarily, annulment of Commission Decision
   C(2007) 4257 final of 19 September 2007 relating to a proceeding under
   Article 81 [EC] (Case COMP/39.168 -- PO/Hard Haberdashery: Fasteners)
   in so far as it concerns the applicants and, in the alternative,
   annulment or reduction of their respective fines.

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders YKK Corp., YKK Holding Europe BV and YKK Stocko Fasteners GmbH
   to pay the costs.