Judgment_paragraph 167 · Union Pigments AS v Commission of the European Communities (T-62/02)

167In the first place, the applicant maintains that the Commission breached the principle of proportionality and the principle of equal treatment by not considering whether less severe deterrent measures might be appropriate. The Commission should, as it did in other cases, have taken into consideration not only the applicant's market share but also its overall size to ensure that the punishment was proportional and had a deterrent effect (Commission Decision 2002/742/EC of 5 December 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case No COMP/E-1/36.604 — Citric acid) (OJ 2002 L 239, p. 18). The applicant states that it withdrew from the cartel in 1995, that it brought the infringement to an end as soon as the Commission intervened and that it was the first to cooperate with the Commission in the investigations. After that very costly experience, the applicant formed the firm intention to comply with the competition rules and it would therefore be pointless for more severe deterrent measures to be imposed. The applicant considers that the Commission could, in its case, validly contemplate imposing only a symbolic fine. It maintains that, consequently, the fine should be reduced. It fears that it has been the victim of the Commission's eagerness to send a message, as reflected in the Commission's press release (IP/01/1797), that small and medium-sized undertakings should entertain no illusion that their size will win them any kind of preferential treatment regarding fines.