41In support of its claims, Deltafina relies on Commission Decision 2005/349/EC of 10 December 2003 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-2/37.857 — Organic peroxides) (OJ 2005 L 110, p. 44) (‘the organic peroxides decision’). It states that, in that decision, the Commission found that there had been an infringement of Article 81(1) EC on the part of a company outside the cartel concerned, namely the consultancy firm AC-Treuhand AG, on account of certain conduct on the part of that firm which was similar in some respects to the conduct of which it is accused. It points out that that consultancy firm, in spite of the fact that it played a vital role in the organisation and implementation of the cartel, which it was regarded as having ‘fostered’, had only a symbolic fine of EUR 1000 imposed on it because of the ‘relative novelty of the issue’.
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