Judgment_paragraph 83 · Toshiba Corporation v European Commission (C-373/14 P)

83It should be observed, in the first place, that the Commission adopted the 2006 Guidelines, in connection with the application of fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, in order to ensure the transparency and impartiality of its decisions. That provision is designed, inter alia, to ensure that the fine has sufficient deterrent effect, which justifies the taking into consideration of the economic power of the undertaking concerned (judgment in Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraph 142). It is the intention to ensure that the fine has sufficient deterrent effect, reiterated in point 4 of the 2006 Guidelines, which justifies the taking into account of the financial capacity of the undertaking concerned (see, to that effect, judgments in YKK and Others v Commission, C‑408/12 P, EU:C:2014:2153, paragraph 85, and Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraph 143).