40In that regard, the Court of First Instance established, at paragraphs 354 and 355 of the judgment under appeal, the history of the infringements of the competition rules found against Groupe Danone and stated that on each occasion a relatively short time, namely less than 10 years, had elapsed between infringements. In those circumstances, the Court of First Instance was entitled to conclude that the repetition of unlawful conduct by Groupe Danone showed a tendency on its part not to draw the appropriate conclusions from a finding that it had infringed those rules.
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