539It must also be noted that, unlike the Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) [CS] (OJ 1998 C 9, p. 3), the 2006 Guidelines no longer mention the need to take account of ‘the effective economic capacity of offenders to cause significant damage to other operators’ in order to assess gravity, nor the ‘actual impact [of the infringement] on the market, where this can be measured’ (Gosselin Group and Stichting Administratiekantoor Portielje v Commission, paragraph 525 above, paragraph 128, and Fresh Del Monte Produce v Commission, paragraph 388 above, paragraph 772). Accordingly, the Commission was not required to consider the effect of the infringement in order to determine the proportion of the value of sales to be taken into account on the basis of the gravity of the infringement in accordance with points 19 to 24 of the 2006 Guidelines.
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