Judgment_paragraph 124 · Ziegler SA v European Commission (C-439/11 P)

124Fourth, with regard in particular to the percentage figure used to determine the additional amount applied as a deterrent, it is clear that, first, the cartel in question falls squarely within the category of infringements referred to at point 25 of the Guidelines on the method of calculating fines, which are also referred to at point 23, and, second, 17% is also at the lower end of the 15% – 25% scale mentioned at point 25. The General Court was therefore entitled to refer, at paragraph 94 of the judgment under appeal, to its analysis of the reasons given for the percentage figure used to determine the basic amount of the fine. Accordingly, the considerations set out at paragraphs 121 to 123 above are equally valid as regards the General Court’s analysis of the reasons given by the Commission in the contested decision concerning that percentage figure.