The European Court of Justice has confirmed the ruling by the Court of First Instance and also dismissed Danone’s appeal on all points subject to the appeal. In a press release by the European Commission, the Commission points out that this judgment is important because it confirms the Commission’s policy of increasing fines imposed on repeat offenders. The Belgian beer cartel was the first case in which the Commission increased the fines on a participant because of the fact that the company had breached the competition rules before. The Court’s ruling confirms that the Commission may decide to increase fines for repeat offenders, even if the earlier offence was many years in the past. According to the ECJ, the Commission has a particularly wide discretion as to the factors it takes into account in setting the fines, and that the proper application of the competition rules requires that the Commission may at any time adjust the level of fines to the needs of that policy. The principle of increasing fines imposed on repeat offenders has been implemented in the recently adopted guidelines on fines (which have not yet been applied). Interestingly, the Court also confirms the decision by the CFI to increase the fine as a result of a calculation mistake (to the benefit of Danone) that was spotted by the CFI. [Case C-3/06 P Danone v. the Commission, 8 February 2007]