Judgment_paragraph 49 · Daiichi Pharmaceutical Co. Ltd v Commission of the European Communities (T-26/02)

49Although the Commission has a discretion when determining the amount of each fine, and is not required to apply a precise mathematical formula (Case T-150/89 Martinelli v Commission [1995] ECR II-1165, paragraph 59), it may not depart from the rules which it has imposed on itself (see, by analogy, Case T-7/89 Hercules Chemicals v Commission [1991] ECR II-1711, paragraph 53, upheld on appeal in Case C-51/92 P Hercules Chemicals v Commission [1999] ECR I-4235). Since the Guidelines are an instrument intended to define, while complying with higher-ranking law, the criteria which the Commission proposes to apply in the exercise of its discretion when determining fines, the Commission must in fact take account of the Guidelines when determining fines, in particular the elements which are mandatory under the Guidelines (Joined Cases T-67/00, T-68/00, T-71/00 and T-78/00 JFE Engineering and Others v Commission [2004] ECR II-2501, paragraph 537).