Judgment_paragraph 166 · InnoLux Corp. v European Commission (T-91/11)

166In the present case, the Commission, in the contested decision, applied the rounding method described in paragraph 160 above to all the cartel participants. That method is objective and affords all those participants the benefit of a reduction, within the 2% limit. Whilst it is true that some reductions are larger than others and that the applicant’s reduction would be the lowest percentage reduction if the Court followed the same method, the fact remains that any rounding method entails adjustments which will vary for each undertaking and will result in varying levels of reductions. Therefore, since the method chosen by the Commission benefits, admittedly to a differing degree, all the addressees of the contested decision and since that degree is subject to the 2% limitation, it is appropriate to adhere to that method in order to avoid any unequal treatment (see, to that effect, Case T-299/08 Elf Aquitaine v Commission [2011] ECR II-2149, paragraphs 307 and 308).