Judgment_paragraph 86 · Parker Pen Ltd v Commission of the European Communities (T-77/92)

86The Court considers that when an undertaking's conduct has infringed Article 85(1) of the Treaty it cannot escape without penalty on the ground that another trader has not been fined, when that trader's circumstances are not even the subject of proceedings before the Community judicature (see the judgment in Ahlström Osakeyhtiö, cited above, paragraph 197). Consequently, Parker's argument alleging that in similar circumstances other traders have not been fined must be rejected.