Case T-66/99





Minoan Lines SA

v

Commission of the European Communities





«(Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article 85 of the Treaty – Whether infringing conduct may be imputed – Fines – Application of the guidelines on calculating fines)»

Judgment of the Court of First Instance (Fifth Chamber), 11 December 2003

Summary of the Judgment

1.. Community law – Principles – Rights of the defence – Compliance during administrative procedure

(Council Regulations Nos 17, Art. 14, and 4056/86, Art. 18)

2.. Competition – Administrative procedure – Powers of the Commission in investigations – Limits – Protection against arbitrary or disproportionate intervention by the public authority

(Council Regulations Nos 17, Art. 14, and 4056/86, Art. 18)

3.. Competition – Administrative procedure – Powers of the Commission in investigations – Scope – Access to the premises of undertakings – Limits – Indication of the subject-matter and purpose of the investigation – Right to bring an action before the Community judicature

(Council Regulations Nos 17, Art. 14, and 4056/86, Art. 18)

4.. Competition – Administrative procedure – Powers of the Commission in investigations – Access to premises of undertakings – Undertaking not referred to in the investigation decision – Conditions for access

(Council Regulation No 4056/86, Art. 18)

5.. Competition – Administrative procedure – Powers of the Commission in investigations – Voluntary cooperation of an undertaking – Consequences for the possibility of arguing undue interference by a public authority

(Council Regulation No 4056/86, Art. 18)

6.. Competition – Agreements, decisions and concerted practices – Undertaking – Definition – Economic unit – Attribution of the infringements

(EC Treaty, Art. 85(1) (now Art. 81(1) EC))

7.. Competition – Agreements, decisions and concerted practices – Dominant position – Undertaking – Definition – Economic unit – Undertakings having a vertical relationship – Criteria

(EC Treaty, Arts 85 and 86 (now Arts 81 EC and 82 EC))

8.. Competition – Community rules – Scope ratione materiae – Conduct imposed by State measures – Excluded – Conditions

(EC Treaty, Arts 85 and 86 (now Arts 81 EC and 82 EC))

9.. Competition – Agreements, decisions and concerted practices – Definition – Gentlemen's agreement concerning conduct in the market

(EC Treaty, Art. 85(1) (now Art. 81(1) EC))

10.. Competition – Agreements, decisions and concerted practices – Participation in meetings held by undertakings for an anti-competitive purpose – Conduct constituting an infringement in itself

(EC Treaty, Art. 85(1) (now Art. 81(1) EC))

11.. Competition – Fines – Amount – Determination – Criteria defined in the Commission Guidelines – Applicability to infringements of the competition rules in the maritime transport sector

(ECSC Treaty, Art. 65(5); Council Regulations No 17, Art, 15(2) and 4056/86, Art. 19(2))

12.. Competition – Fines – Amount – Reduction in fine in exchange for cooperation – Actions for annulment – Fresh review of the size of the reduction – Excluded

(Council Regulation No 17, Art. 15)

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