Judgment — ECLI:EU:T:1998:93
Date: 1998-05-14
Language of the case: English
Court formation: Third Chamber, Extended Composition
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Concepts: Statement of reasons;Determining the amount of the fine;Agreements of undertakings, decisions by associations of undertakings and concerted practices;Hearing of persons concerned and of third parties / Access to the file;Termination of infringements: powers of the Commission
Procedure: Action for annulment - unfounded;Action for annulment - successful;Action for annulment - inadmissible;Appeal against penalty - successful
Origin: Netherlands

Summary Facts II - 2 Procedure II - 6 Forms of order sought II - 7 The application for annulment of the Decision II - 8 A  The plea of infringement of the rights of the defence in that the Commission didnot identify the behaviour of individual producers in the statement of objectionsand in the Decision II - 8 Arguments of the parties II - 8 Findings of the Court II - 10 B  The plea of infringement of Article 190 of the Treaty II - 12 Arguments of the parties II - 12 Findings of the Court II - 13 C  The plea of infringement of Article 85 of the Treaty in that the Commissioncommitted a manifest error of appraisal in fact and in law II - 14 Arguments of the parties II - 14 The committees of the PG Paperboard II - 14  The functions of the PC and the applicant's participation II - 14  The functions of the JMC and the applicant's participation II - 15  The functions of the Economic Committee and the applicant'sparticipation II - 18 The price initiatives II - 19 The 'price before tonnage policy II - 21 The methods of circulating information II - 23 The duration of the applicant's participation II - 24 Findings of the Court II - 24 1. Period from mid-1986 to April 1989 II - 24 (a) Applicant's participation in certain meetings of the PC II - 25 (b) Applicant's participation in three meetings of the EconomicCommittee II - 28 (c) The applicant's actual pricing behaviour II - 30 (d) Conclusion regarding the period in question II - 30 2. Period from April 1989 to April 1991 II - 31 (a) The applicant's participation in collusion on prices II - 31  The applicant's participation in the Economic Committee meeting on 3October 1989 II - 35  The applicant's actual pricing behaviour II - 36  Conclusion regarding the applicant's participation in collusion onprices II - 37 (b) The applicant's participation in collusion on downtime II - 38 (c) The applicant's participation in collusion on market shares II - 42 (d) Conclusion regarding the applicant's participation in an infringement ofArticle 85(1) of the Treaty during the period from April 1989 to April1991 II - 44 3. General conclusion regarding the plea II - 44 D  The plea of infringement of the rights of defence in that the Commission did notdisclose all relevant documents II - 45 Arguments of the parties II - 45 Findings of the Court II - 46 The application for annulment of Article 2 of the Decision II - 46 Arguments of the parties II - 46 Findings of the Court II - 48 The application for annulment or reduction of the fine II - 52 1. The pleas concerning matters dealt with in the course of common argument II - 52 2. The plea of infringement of the principle of proportionality II - 53 Arguments of the parties II - 53 indings of the Court II - 54 The plea alleging infringement of the principle against self-incrimination II - 56 Arguments of the parties II - 56 Findings of the Court II - 58 Incorrect assessment of the criteria for determining the fine II - 59 Arguments of the parties II - 59 Findings of the Court II - 59 Costs II - 61 1: Language of the case: English. ECR