Competition - Distribution of motor vehicles - Article 81 EC - Regulations (EEC) No 123/85 and (EC) No 1475/95 - Partitioning of the market - General strategy aimed at restricting exports - Restriction of supply - Restrictive bonus policy - Ban on exports - Fine - Gravity and duration of the infringement - Proportionality - Guidelines for the calculation of fines.

«(Competition – Distribution of motor vehicles – Article 81 EC – Regulations (EEC) No 123/85 and (EC) No 1475/95 – Partitioning of the market – General strategy aimed at restricting exports – Restriction of supply – Restrictive bonus policy – Ban on exports – Fine – Gravity and duration of the infringement – Proportionality – Guidelines for the calculation of fines)» Summary of the Judgment 1.. Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Meaning – Unilateral conduct – Not included – Individual measures applied to dealers and accepted by them – Included (Art. 81(1) EC) 2.. Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Onus on the Commission to prove the duration of the infringement (Art. 81(1) EC) 3.. Competition – Agreements, decisions and concerted practices – Adverse effect on competition – Dealership agreements for sales of motor vehicles – Exclusion of export sales from the system of bonuses granted to dealers (Art. 81(1) EC) 4.. Competition – Agreements, decisions and concerted practices – Adverse effect on competition – Criteria of assessment – Anti-competitive object – Sufficient finding (Art. 81(1) EC) 5.. Competition – Fines – Amount – Determination thereof – Criteria – Seriousness of the infringements – Factors to be taken into account (Council Regulation No 17, Art. 15(2)) 6.. Competition – Fines – Amount – Discretion of the Commission – Judicial review (Art. 229 EC; Council Regulation No 17, Art. 17) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)21 October 2003 (1) ((Competition – Distribution of motor vehicles – Article 81 EC – Regulations (EEC) No 123/85 and (EC) No 1475/95 – Partitioning of the market – General strategy aimed at restricting exports – Restriction of supply – Restrictive bonus policy – Ban on exports – Fine – Gravity and duration of the infringement – Proportionality – Guidelines for the calculation of fines)) applicants, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the written procedure and further to the hearing on 10 December 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber), Forwood Pirrung Meij H. Jung N.J. Forwood Registrar President 1 – Language of the case: English.