Judgment_paragraph 50 · Bundeswettbewerbsbehörde and Bundeskartellanwalt v Schenker & Co. AG and Others (C-681/11)

50The answer to the second question therefore is that Article 101 TFEU and Articles 5 and 23(2) of Regulation No 1/2003 must be interpreted as meaning that, in the event that the existence of an infringement of Article 101 TFEU is established, the national competition authorities may by way of exception confine themselves to finding that infringement without imposing a fine where the undertaking concerned has participated in a national leniency programme.