Judgment_paragraph 255 · Shell Petroleum NV and Others v European Commission (T-343/06)

255As regards the argument relating to the disappearance of KNPM, the Court would point out that it is necessary to prevent undertakings being able to escape penalties by simply changing their identity through restructurings, sales or other legal or organisational changes, in order not to compromise the objective of suppressing conduct that infringes the competition rules and preventing its reoccurrence by means of deterrent penalties (Case 41/69 ACF Chemiefarma v Commission [1970] ECR 661, paragraph 173; Case C-289/04 P Showa Denko v Commission [2006] ECR I-5859, paragraph 61; Case C-76/06 P Britannia Alloys & Chemicals v Commission [2007] ECR I-4405, paragraph 22; and ETI and Others, paragraph 44 above, paragraph 41). Accordingly, that disappearance cannot have any consequence regarding the possibility of applying the aggravating circumstance of repeated infringement to the undertaking which continued to exist.

Shell Petroleum NV and Others v European Commission (T-343/06)

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