Competition - Cartel - Lysine - Guidelines on the method of setting fines - Applicability - Gravity and duration of the infringement - Turnover - Mitigating circumstances.

«(Competition – Cartel – Lysine – Guidelines for calculating the amount of fines – Applicability – Seriousness and duration of the infringement – Turnover – Mitigating circumstances)» Summary of the Judgment 1.. Community law – Principles – Protection of legitimate expectations – Conditions – Protection against exercise by the Commission of its power to raise the level of fines penalising infringements of the competition rules – None (Council Regulation No 17) 2.. Community law – General principles of law – Non-retroactivity of criminal provisions – Scope – Fines imposed for infringements of the competition rules – Included – Infringement by reason of the application of the Guidelines for the calculation of fines to an infringement prior to their introduction – None (European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 7; Council Regulation No 17, Art. 15(2)) 3.. Competition – Fines – Amount – Commission's margin of discretion – Possibility of increasing the fines in order to strengthen their deterrent effect (Council Regulation No 17, Art. 15) 4.. 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)) 5.. 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)) 6.. 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)) 7.. 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)) 8.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Mitigating circumstances – Passive or follow-my-leader role of the undertaking (Council Regulation No 17, Art. 15) 9.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Mitigating circumstances – Agreement not implemented in practice – Assessment at the level of the individual conduct of each undertaking (Council Regulation No 17, Art. 15) 10.. Competition – Fines – Amount – Appropriateness – Review by the Court – Factors which may be taken into account by the Community judicature – Information not contained in the decision imposing the fine and not required in the statement of reasons – Included (Arts 229 EC, 230 EC and 253 EC; Council Regulation No 17, Art. 17) 11.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines – Indication of the factors by which the Commission assessed the seriousness and duration of the infringement – Sufficient indication (Art. 253 EC; Council Regulation No 17, Art 15(2), second subpara.) 12.. 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 – Applicability – Gravity and duration of the infringement – Turnover – Mitigating circumstances)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber), having regard to the written procedure and further to the hearing on 24 April 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber) Vilaras Tiili Mengozzi H. Jung M. Vilaras Registrar President 1 – Language of the case: English.