144In response to the argument which the applicant bases on the Commission’s administrative practice, in particular from Commission Decision C(2008) 5955 final of 15 October 2008 relating to a proceeding under Article 81 [EC] (Case COMP/39.188 – Bananas) (‘the Bananas decision’), it should be recalled that it is settled case-law that the Commission’s practice in previous decisions cannot itself serve as a legal framework for the imposition of fines in competition matters and that decisions in other cases can give only an indication for the purpose of determining whether there might be discrimination, since the facts of those cases, such as markets, products, the undertakings and periods concerned, are not likely to be the same (Case T-73/04 Carbone-Lorraine v Commission [2008] ECR II-2661, paragraph 92 and the case-law cited).
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