91The General Court considered that the deterrence factor ‘is assessed by taking into account a large number of factors and not merely the particular situation of the undertaking concerned’, as the Court of Justice has already held in paragraphs 23 and 24 of the judgment in Case C-289/04 P Showa Denko v Commission [2006] ECR I-5859. However, the General Court contradicted itself when it held that the overall turnover and relative size of the undertakings taken into consideration by the Commission were sufficient and that ‘it [was] not apparent from the contested decision that the Commission referred explicitly to [other] factors’, despite the fact that it held at the same time, in paragraphs 249 and 250 of the judgment under appeal, that the generic expression ‘circumstances of the case’ used in the text of the contested decision was not such as to create confusion as to the existence of other factors which the Commission took into account.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.