Search Legislation

Advanced Search

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)

Help about what version

What Version

Help about opening options

Opening Options

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes to legislation:

There are currently no known outstanding effects by UK legislation for 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). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. 1. SUMMARY OF THE CASE

    1. 1.1. Addressees

      1. (1) The decision is addressed to the following undertakings for having...

        1. Combipac BV and British Polythene Industries plc; Bischof + Klein...

      2. (2) The addressees referred to above participated in a single and...

        1. The addressees referred to above participated in a single and...

    2. 1.2. The industrial bags sector

      1. (3) Plastic industrial bags, commonly referred to as ‘industrial bags’, are...

        1. Plastic industrial bags, commonly referred to as ‘industrial bags’, are...

      2. (4) Plastic industrial bags can be divided into four categories:

        1. open mouth bags, valve bags, FFS (form, fill and seal)...

    3. 1.3. The supply

      1. (5) Since the beginning of the 1990s a trend towards concentration...

        1. Since the beginning of the 1990s a trend towards concentration...

    4. 1.4. The demand

      1. (6) Until the 1950s, industry used textile and paper bags for...

        1. Until the 1950s, industry used textile and paper bags for...

      2. (7) Since the mid-1970s, FFS bags have gradually been replacing the...

        1. Since the mid-1970s, FFS bags have gradually been replacing the...

    5. 1.5. Scope of the infringement

      1. (8) The investigation showed that the cartel covered the Benelux, the...

        1. The investigation showed that the cartel covered the Benelux, the...

    6. 1.6. Origin and procedure

      1. (9) In November 2001, the company BPI informed the Commission of...

        1. In November 2001, the company BPI informed the Commission of...

    7. 1.7. Functioning of the cartel

      1. (10) The cartel operated basically at two levels:

        1. the global level under the umbrella of an official professional...

      2. (11) The anticompetitive practices identified covered in particular:

        1. fixation of prices and setting of common models for calculating...

  3. 2. FINES

    1. 2.1. Basic Amount

      1. (12) The basic amount of the fine is determined according to...

        1. The basic amount of the fine is determined according to...

      2. 2.1.1. Gravity

        1. (13) Regarding the nature of the infringement and its geographic scope,...

          1. Regarding the nature of the infringement and its geographic scope,...

      3. 2.1.2. Differential treatment

        1. (14) Within the category of very serious infringements, the scale of...

          1. Within the category of very serious infringements, the scale of...

        2. (15) The undertakings have been divided into six categories according to...

          1. The undertakings have been divided into six categories according to...

        3. (16) With market shares estimated at 12,5 % and 11,5 %, Wavin/BPI and...

          1. With market shares estimated at 12,5 % and 11,5 %, Wavin/BPI and...

        4. (17) For Stempher (Koninklijke Verpakkingsindustrie Stempher CV and Stempher BV), there...

          1. For Stempher (Koninklijke Verpakkingsindustrie Stempher CV and Stempher BV), there...

      4. 2.1.3. Sufficient deterrence

        1. (18) Within the category of very serious infringements, the scale of...

          1. Within the category of very serious infringements, the scale of...

      5. 2.1.4. Duration

        1. (19) Individualised percentage increases are applied accordingly to the duration of...

          1. Individualised percentage increases are applied accordingly to the duration of...

    2. 2.2. Aggravating circumstances

      1. 2.2.1. Repeated infringements

        1. (20) At the time the infringement took place, UPM-Kymmene had already...

          1. At the time the infringement took place, UPM-Kymmene had already...

      2. 2.2.2. Obstruction to the investigation

        1. (21) During the inspection, one manager of Bischof + Klein destroyed...

          1. During the inspection, one manager of Bischof + Klein destroyed...

    3. 2.3. Attenuating circumstances

      1. (22) Several undertakings claimed for the application of attenuating circumstances indicating...

        1. Several undertakings claimed for the application of attenuating circumstances indicating...

    4. 2.4. Application of the 10 % turnover limit

      1. (23) Article 15(2) of Regulation No 17 and Article 23(2) of...

        1. Article 15(2) of Regulation No 17 and Article 23(2) of...

      2. (24) The 10 % ceiling is applied when appropriate, namely to Stempher,...

        1. The 10 % ceiling is applied when appropriate, namely to Stempher,...

    5. 2.5. Application of the 1996 Leniency Notice

      1. (25) Given the fact BPI applied for leniency before the entry...

        1. Given the fact BPI applied for leniency before the entry...

      2. 2.5.1. Section B (reduction from 75 % to 100 %)

        1. (26) In November 2001, BPI was the first undertaking to provide...

          1. In November 2001, BPI was the first undertaking to provide...

        2. (27) Three parties stated in their reply to the Statement of...

          1. Three parties stated in their reply to the Statement of...

      3. 2.5.2. Section D (reduction from 10 % to 50 %)

        1. (28) Trioplast-Wittenheim applied for leniency soon after having received the request...

          1. Trioplast-Wittenheim applied for leniency soon after having received the request...

        2. (29) Bischof + Klein and Cofira provided some information or documents...

          1. Bischof + Klein and Cofira provided some information or documents...

        3. (30) The Commisssion considers that Nordfolien and Bonar Technical Fabrics are...

          1. The Commisssion considers that Nordfolien and Bonar Technical Fabrics are...

        4. (31) The Commission considers that the information provided voluntarily by Sachsa...

          1. The Commission considers that the information provided voluntarily by Sachsa...

        5. (32) The claims of FLS-Plast and FLSmidth for a reduction of...

          1. The claims of FLS-Plast and FLSmidth for a reduction of...

  4. 3. DECISION

    1. (33) The following undertakings have infringed Article 81 of the Treaty...

      1. Combipac BV, from 6 January 1982 until 9 November 2001,...

    2. (34) Stempher BV and Koninklijke Verpakkingsindustrie Stempher CV have infringed Article...

      1. Stempher BV and Koninklijke Verpakkingsindustrie Stempher CV have infringed Article...

    3. (35) For these infringements the following fines are imposed:

      1. Combipac BV: EUR 0. Of this amount, British Polythene Industries...

    4. (36) The undertakings listed above shall immediately bring to an end...

      1. The undertakings listed above shall immediately bring to an end...

    5. (37) A non-confidential version of the full text of the Decision...

      1. A non-confidential version of the full text of the Decision...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: