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Misapplication of your 2006 Advice on the setting from penalties and fees, and the 1998 Direction, in force not merely from the matter day, but also inside the very first several years of the process. The brand new candidate certainly and you may in public distanced by itself in the collusive arrangements inasmuch as the involvement inside the conferences didn’t come with affect its commercial carry out. In that esteem, the new failure to apply the fresh collusive agreements is research that applicant’s contribution inside conferences failed to determine its business carry out. Basic, the fresh candidate states there could have been an infringement away from Blog post 23(2) from Regulation (EC) No step one/2003, (1) because the offender failed to make up loads of mitigating points on the applicant’s go for. To get the experience, the new applicants trust seven pleas in-law. 4th, the newest applicants point out that the application of the guidelines to your function fines (3) to points and that ended long before book ones assistance infringes the principle of non-retroactivity.
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Finally, the brand new good is actually unjustifiably and disproportionately large, specifically as a result of the lack of implementation otherwise consequences to your the market. The new Candidate invites the new Judge to work out their limitless legislation lower than Article 261 TFEU to minimize the new great. Furthermore, the brand new Percentage unsuccessful (i) to help you adequately put down the new accusations on the Declaration out of Arguments and (ii) to hold and you can divulge related and you may possibly exculpatory proof.
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