36As observed by the parties and by the Advocate General in point 42 of her Opinion, although Article 9, unlike Article 7 of Regulation No 1/2003, does not expressly refer to proportionality, the principle of proportionality, as a general principle of European Union law, is none the less a criterion for the lawfulness of any act of the institutions of the Union, including decisions taken by the Commission in its capacity of competition authority.
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