Judgment_paragraph 70 · Guardian Industries Corp. and Guardian Europe Sàrl v European Commission (C-580/12 P)

70In this regard, the Court notes that it was clear from point 41 of the statement of objections that, of the four undertakings to which the decision at issue was addressed, Guardian had the smallest share of the relevant market, assessed at between 10% and 20%, while Saint Gobain’s share of between 20% and 30% was the largest. By contrast, at the time of the decision at issue, that order had been reversed, Saint-Gobain then having the smallest market share of between 10% and 20% and Guardian the largest with 25%, the decision at issue, however, providing no explanation as to the reasons for such a significant change in the basis for calculating the fine. The exclusion of the internal sales therefore led to Saint Gobain’s relative weight in the infringement being reduced and that of Guardian being increased commensurately.