Judgment_paragraph 27 · European Commission v Icap Management Services Ltd and Icap New Zealand Ltd (C-39/18 P)

27However, that method may sometimes prove unsuited to the particular circumstances of a case. That is particularly the case when an undertaking found liable for an infringement of Article 101 TFEU for facilitating an agreement does not generate any turnover in the relevant product markets. In such a situation, the Court found that the Commission was justified in using a calculation method other than that described in the 2006 Guidelines and, in accordance with paragraph 37 of those Guidelines, in setting a lump sum basic amount of the fine imposed on the undertaking which, through its consulting activity, had facilitated an agreement (see, to that effect, judgment of 22 October 2015, AC-Treuhand v Commission, C‑194/14 P, EU:C:2015:717, paragraphs 65 to 67).