Judgment of the General Court (Eighth Chamber) of 24 March 2011 – FRA.BO v Commission
(Case T-381/06)
Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Leniency Notice – Guidelines on the method of setting fines – Attenuating circumstances – Immunity from fines – Legitimate expectations – Equal treatment
1. Community law – Principles – Protection of legitimate expectations – Limits – Prevention of infringements of the competition rules – Determination of the amount of fines – Method of calculating fines – Discretion of the institutions – Leniency notice not relevant (Commission Communication 96/C 207/04) (see paras 93-94)
2. Competition – Fines – Amount – Determination – Criteria – Reduction of the fine for cooperation of the fined undertaking – Conditions – Discretion of the Commission – Quality and usefulness of the information supplied taken into account (Commission Communication 96/C 207/04, Title D, Section 2) (see para. 96)
3. Competition – Fines – Amount – Determination – Reduction of the fine in return for the cooperation of the undertaking concerned – Discretion of the Commission – Comparisons between the facts of different cases – Indicative character – Factors to be taken into consideration – Breach of the principle of equal treatment – None (Commission Communication 96/C 207/04, Title D, Section 2) (see paras 101, 103-104)
Re:
| APPLICATION for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 – Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicant in that decision. |
Operative part
The Court:
2. | | Orders FRA.BO SpA to pay the costs. |