Dole Food Company, Inc. and Dole Germany OHG v European Commission (T-588/08)

Judgment of 14 Mar 2013

law://eu/cjeu/2008/t-588-08/para_662@2026-11-13

662Even if it is accepted that the amount of 15% relied on in the contested decision reveals an increase in the share of sales taken into account by the Commission in respect of the assessment of the gravity of the infringement, it will be recalled that the Commission has a margin of discretion when fixing the amount of fines, in order that it may direct the conduct of undertakings towards compliance with the competition rules (Case T-229/94 Deutsche Bahn v Commission [1997] ECR II-1689, paragraph 127). The fact that the Commission, in the past, imposed fines of a certain level for certain types of infringement does not mean that it is estopped from raising that level, at any time, to ensure the implementation of European competition policy (Musique Diffusion française and Others v Commission, paragraph 581 above, paragraph 109).

Dole Food Company, Inc. and Dole Germany OHG v European Commission (T-588/08)

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