1.
SUMMARY OF THE CASE
1.1.
Addressees
(1)
The decision is addressed to the following undertakings for having...
Combipac BV and British Polythene Industries plc; Bischof + Klein...
(2)
The addressees referred to above participated in a single and...
The addressees referred to above participated in a single and...
1.2.
The industrial bags sector
(3)
Plastic industrial bags, commonly referred to as ‘industrial bags’, are...
Plastic industrial bags, commonly referred to as ‘industrial bags’, are...
(4)
Plastic industrial bags can be divided into four categories:
open mouth bags, valve bags, FFS (form, fill and seal)...
1.3.
The supply
(5)
Since the beginning of the 1990s a trend towards concentration...
Since the beginning of the 1990s a trend towards concentration...
1.4.
The demand
(6)
Until the 1950s, industry used textile and paper bags for...
Until the 1950s, industry used textile and paper bags for...
(7)
Since the mid-1970s, FFS bags have gradually been replacing the...
Since the mid-1970s, FFS bags have gradually been replacing the...
1.5.
Scope of the infringement
(8)
The investigation showed that the cartel covered the Benelux, the...
The investigation showed that the cartel covered the Benelux, the...
1.6.
Origin and procedure
(9)
In November 2001, the company BPI informed the Commission of...
In November 2001, the company BPI informed the Commission of...
1.7.
Functioning of the cartel
(10)
The cartel operated basically at two levels:
the global level under the umbrella of an official professional...
(11)
The anticompetitive practices identified covered in particular:
fixation of prices and setting of common models for calculating...
2.
FINES
2.1.
Basic Amount
(12)
The basic amount of the fine is determined according to...
The basic amount of the fine is determined according to...
2.1.1.
Gravity
(13)
Regarding the nature of the infringement and its geographic scope,...
Regarding the nature of the infringement and its geographic scope,...
2.1.2.
Differential treatment
(14)
Within the category of very serious infringements, the scale of...
Within the category of very serious infringements, the scale of...
(15)
The undertakings have been divided into six categories according to...
The undertakings have been divided into six categories according to...
(16)
With market shares estimated at 12,5 % and 11,5 %, Wavin/BPI and...
With market shares estimated at 12,5 % and 11,5 %, Wavin/BPI and...
(17)
For Stempher (Koninklijke Verpakkingsindustrie Stempher CV and Stempher BV), there...
For Stempher (Koninklijke Verpakkingsindustrie Stempher CV and Stempher BV), there...
2.1.3.
Sufficient deterrence
(18)
Within the category of very serious infringements, the scale of...
Within the category of very serious infringements, the scale of...
2.1.4.
Duration
(19)
Individualised percentage increases are applied accordingly to the duration of...
Individualised percentage increases are applied accordingly to the duration of...
2.2.
Aggravating circumstances
2.2.1.
Repeated infringements
(20)
At the time the infringement took place, UPM-Kymmene had already...
At the time the infringement took place, UPM-Kymmene had already...
2.2.2.
Obstruction to the investigation
(21)
During the inspection, one manager of Bischof + Klein destroyed...
During the inspection, one manager of Bischof + Klein destroyed...
2.3.
Attenuating circumstances
(22)
Several undertakings claimed for the application of attenuating circumstances indicating...
Several undertakings claimed for the application of attenuating circumstances indicating...
2.4.
Application of the 10 % turnover limit
(23)
Article 15(2) of Regulation No 17 and Article 23(2) of...
Article 15(2) of Regulation No 17 and Article 23(2) of...
(24)
The 10 % ceiling is applied when appropriate, namely to Stempher,...
The 10 % ceiling is applied when appropriate, namely to Stempher,...
2.5.
Application of the 1996 Leniency Notice
(25)
Given the fact BPI applied for leniency before the entry...
Given the fact BPI applied for leniency before the entry...
2.5.1.
Section B (reduction from 75 % to 100 %)
(26)
In November 2001, BPI was the first undertaking to provide...
In November 2001, BPI was the first undertaking to provide...
(27)
Three parties stated in their reply to the Statement of...
Three parties stated in their reply to the Statement of...
2.5.2.
Section D (reduction from 10 % to 50 %)
(28)
Trioplast-Wittenheim applied for leniency soon after having received the request...
Trioplast-Wittenheim applied for leniency soon after having received the request...
(29)
Bischof + Klein and Cofira provided some information or documents...
Bischof + Klein and Cofira provided some information or documents...
(30)
The Commisssion considers that Nordfolien and Bonar Technical Fabrics are...
The Commisssion considers that Nordfolien and Bonar Technical Fabrics are...
(31)
The Commission considers that the information provided voluntarily by Sachsa...
The Commission considers that the information provided voluntarily by Sachsa...
(32)
The claims of FLS-Plast and FLSmidth for a reduction of...
The claims of FLS-Plast and FLSmidth for a reduction of...
3.
DECISION
(33)
The following undertakings have infringed Article 81 of the Treaty...
Combipac BV, from 6 January 1982 until 9 November 2001,...
(34)
Stempher BV and Koninklijke Verpakkingsindustrie Stempher CV have infringed Article...
Stempher BV and Koninklijke Verpakkingsindustrie Stempher CV have infringed Article...
(35)
For these infringements the following fines are imposed:
Combipac BV: EUR 0. Of this amount, British Polythene Industries...
(36)
The undertakings listed above shall immediately bring to an end...
The undertakings listed above shall immediately bring to an end...
(37)
A non-confidential version of the full text of the Decision...
A non-confidential version of the full text of the Decision...
Commission Decision
of 30 November 2005
relating to a proceeding under Article 81 of the Treaty establishing the European Community against Armando Álvarez SA, Bernay Film Plastique, Bischof + Klein France SAS, Bischof + Klein GmbH & Co. KG, Bonar Technical Fabrics NV, British Polythene Industries PLC, Cofira-Sac SA, Combipac BV, Fardem Packaging BV, FLSmidth & Co. A/S, FLS Plast A/S, Groupe Gascogne, JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA, Kendrion NV, Koninklijke Verpakkingsindustrie Stempher CV, Low & Bonar PLC, Nordenia International AG, Nordfolien GmbH, Plásticos Españoles SA, RKW AG Rheinische Kunststoffwerke, Sachsa Verpackung GmbH, Stempher BV, Trioplast Industrier AB, Trioplast Wittenheim SA, UPM-Kymmene Oyj
(Case COMP/38354 — Industrial bags)
(notified under document number C(2005) 4634)
(Only the French, English, Dutch, German and Spanish versions are authentic)
(2007/686/EC) (revoked)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On 30 November 2005 the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003, the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.
Decision revoked (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 3 para. 2 (as amended by S.I. 2020/1343, reg. 34(3)); 2020 c. 1, Sch. 5 para. 1(1)