The EUCJ ruled on an appeal by FLS Plast against a GC ruling that had
upheld a Commission decision of November 2005 fining several companies
for participating in a cartel in the market for industrial bags.
The EUCJ dismissed the appeal and upheld the Commission's findings.
Appeal brought against the judgment of the
General Court (Fourth Chamber) of 6 March 2012 in Case T 64/06 FLS Plast
v Commission, by which the General Court annulled in part Commission
Decision C(2005) 4634 of 30 November 2005, relating to a proceeding
under Article 81 EC (Case COMP/F/38.354 – industrial bags), concerning a
price-fixing and sales-quota cartel on a geographical basis, the
division of orders from major customers, organisation of concerted
tenders for certain calls for tender and the implementation of
information exchange mechanisms on sales volumes in the industrial
plastic bag market – Rules relating to the imputability of
anti competitive practices of a subsidiary to its parent company –
Duration and severity of the infringement – Attenuating circumstances –
Cooperation during the administrative procedure – Principles of
legitimate expectations, equal treatment and proportionality – Excessive
duration of the contentious proceeding.
see the decision at Curia
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