Judgment_paragraph 26 · YKK Corporation and Others v European Commission (C-408/12 P)

26That analysis is consistent with the case-law of the Court to the effect that the actual impact of the infringement on the market is not a decisive criterion for the determination of the amount of fines. In particular, factors relating to the intentional aspect of the infringement may be more significant than those relating to its effects, particularly where they relate to infringements which are intrinsically serious, such as market sharing (see the judgments in Thyssen Stahl v Commission, C‑194/99 P, EU:C:2003:527, paragraph 118; Prym and Prym Consumer v Commission, C‑534/07 P, EU:C:2009:505, paragraph 96; and Carbone-Lorraine v Commission, C‑554/08 P, EU:C:2009:702, paragraph 44).