295As to the alleged infringement of the obligation to state reasons and of the rights of the defence, it must be recalled that the Commission is under no obligation to set out, in a decision finding an infringement of Article 101 TFEU, the reasons for which other undertakings have not had proceedings brought against them or been penalised. The obligation to state the reasons on which a measure is based cannot encompass an obligation for the institution from which it emanates to give reasons for the fact that it did not adopt other measures of a similar kind addressed to third parties (judgment of 8 July 2004, JFE Engineering v Commission, T‑67/00, T‑68/00, T‑71/00 and T‑78/00, EU:T:2004:221, paragraph 414).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.