Judgment_paragraph 59 · YKK Corporation and Others v European Commission (C-408/12 P)

59Yet the concept of an ‘undertaking participating in the infringement’ for the purposes of that provision must necessarily be the same as for the application of Article 81 EC, since that concept cannot be capable of differing interpretations for the purposes of attribution of responsibility for the infringement and for the purposes of application of the 10% upper limit.