Judgment of the General Court 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)
Language of the case: English
Parties
Applicant: FLSmidth & Co. A/S (Valby, Denmark) (represented by: J.-E. Svensson, lawyer)
Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)
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 of the judgment
The Court:
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;
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;
Dismisses the action as to the remainder;
Orders the European Commission and FLSmidth & Co. each to bear their own costs.
____________1 - OJ C 96, 22.4.2006.