206In that respect, ADM claims that the Commission had no justification for applying to ADM the full 10 % increase for each year of the infringement (recital 249 of the Decision). In doing so, the Commission infringed the principles of proportionality and equal treatment because it departed from its past practice (Commission Decision 98/273/EC of 28 January 1998 relating to a proceeding under Article 85 of the EC Treaty (Case IV/35.733 — VW) (OJ 1998 L 124, p. 60)) of increasing the fine by a smaller amount for periods during which the agreement was not observed or implemented.
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