Judgment_paragraph 106 · Guardian Industries Corp. and Guardian Europe Sàrl v European Commission (T-82/08)

106Lastly, as regards the argument that the Commission infringed the principle of non-discrimination by excluding the captive sales from the calculation of the fine, it must be borne in mind that, according to settled case-law, the principle of equal treatment or non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see Case T-311/94 BPB de Eendracht v Commission [1998] ECR II-1129, paragraph 309 and the case-law cited). In the present case, inasmuch as the Commission took the view that the anti-competitive arrangements related only to the price of flat glass invoiced to independent customers, the exclusion of internal sales from the calculation of the fine in the case of vertically integrated members of the cartel meant only that it treated objectively different situations differently. Consequently, it cannot be argued that the Commission infringed the principle of non-discrimination.

Guardian Industries Corp. and Guardian Europe Sàrl v European Commission (T-82/08)

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