«(Competition – Cartel – Lysine – Guidelines for calculating the amount of fines – Turnover – Mitigating circumstances – Cooperation during the administrative procedure)»

1.. Competition – Fines – Amount – Determination thereof – Guidelines adopted by the Commission – Obligation on the Commission to comply with them (Council Regulation No 17, Art. 15(2))

2.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Taking into account of the total turnover of the undertaking concerned and the turnover achieved by sales of goods which were the subject-matter of the infringement – Limits (Council Regulation No 17, Art. 15(2))

3.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Measure of the effective capacity to cause damage on the relevant market – Relevance of the market share held by the undertaking concerned (Art. 81(1) EC; Council Regulation No 17, Art. 15(2))

4.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Measure of the actual impact on competition of the infringing conduct of each undertaking – Relevance of the turnover achieved with the products forming the subject-matter of a restrictive practice (Art. 81(1) EC; Council Regulation No 17, Art. 15(2))

5.. Competition – Fines – Amount – Determination thereof – Criteria – Cooperation of the undertaking during the administrative procedure – Reduction of the fine – Request for information – Investigation – Relevance (Council Regulation No 17, Arts 11 and 15)

6.. Competition – Fines – Amount – Determination thereof – Method of calculation defined by guidelines laid down by the Commission – Application of percentages to the basic amount of the fine (Council Regulation No 17, Art. 15(2))

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) 9 July 2003 (1)

((Competition – Cartel – Lysine – Guidelines on the method of setting fines – Turnover – Mitigating circumstances – Cooperation during the administrative procedure))

In Case T-230/00,

applicants,

v

defendant,

APPLICATION for a reduction in the fine imposed on the applicants by Commission Decision 2001/418/EC of 7 June 2000 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/36.545/F3 ─ Amino Acids) (OJ 2001 L 152, p. 24),

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber),

composed of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges,

Registrar: D. Christensen, Administrator,

having regard to the written procedure and further to the hearing on 25 April 2002,

gives the following

...

The turnover figure taken into account in assessing the gravity of the infringement

Arguments of the parties

─ Infringement of the principle of proportionality

─ The Commission's reliance on the wrong turnover figure and infringement of the principle of equal treatment

Findings of the Court

─ Infringement of the principle of proportionality

─ Infringement of the principle of equal treatment

Mitigating circumstances

Arguments of the parties

Findings of the Court

Sewon's cooperation during the administrative procedure

Arguments of the parties

Findings of the Court

.

On those grounds,

THE COURT OF FIRST INSTANCE (Fourth Chamber)

hereby:

Vilaras

Tiili

Mengozzi

Delivered in open court in Luxembourg on 9 July 2003.

H. Jung

M. Vilaras

Registrar

President