Division (17)

In the case of BPB, the fact that Decision 94/601/EC of 13 July 1994 was addressed to a subsidiary of BPB, BPB De Eendracht NV, does not prevent the Commission from treating it as an aggravating circumstance in the instant case. Indeed, the Commission considers that since BPB De Eendracht NV was a subsidiary of BPB PLC at the time of the earlier Decision, these in fact form part of one and the same undertaking, within the meaning of Article 81(1) of the Treaty. Furthermore, it is the responsibility of an undertaking which is censured by the Commission both to bring to an end the anti-competitive conduct identified in the particular Decision which is addressed to it and to bring its commercial policy throughout the Community into line with that Decision. BPB did not do this, indeed quite the opposite, as set out in the Decision^f1. The mere fact that an undertaking has already been the subject of an infringement Decision and that, in spite of this finding and of the fine imposed, it has continued to engage in another analogous infringement in breach of the same provision of the Treaty is sufficient to constitute recidivism.