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The ECJ has dismissed an appeal by FLS Plast A/S against the General Court's judgment relating to its participation in the industrial bags cartel. The ECJ considered that given FLS Plast’s 100% stake in Trioplast Wittenheim (TW) over the relevant period, the General Court was correct to believe that FLS Plast had exercised decisive influence over TW.
As regards fines, the ECJ held that the Commission did have the discretion to reduce the fines as a result of FLS Plast’s cooperation, however declined to assess whether the reduction should have been the same as that awarded to Bonaer, another participant in the cartel.
Further, the ECJ did not consider that FLS Plast should have been granted the same fine reduction as the successor parent company of TW and held that the fine imposed on FLS Plast was not disproportionate to the duration or gravity of its participation in the infringement.
The ECJ did, however, note that FLS Plast was entitled to bring an action for damages before the General Court since it had denied its right to have an adjudication within a reasonable time, given the excessive length of the General Court's procedure.
This article was written by Paul Stone.
For more information please contact Paul on +44 (0)20 7203 5110 or firstname.lastname@example.org