Case T-59/99





Ventouris Group Enterprises 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) – Price-fixing – Proof of infringement – Error of assessment as to the facts – Fines – Proportionality – Mitigating circumstances)»

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

Summary of the Judgment

1.. Competition – Administrative procedure – Commission decision – Identification of sanctioned infringements – Operative part taking priority over the statement of reasons

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

2.. Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Meaning – Common intention regarding conduct to be adopted on the market

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

3.. Competition – Community rules – Infringements – Committed intentionally – Meaning

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

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

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

5.. 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)

6.. 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)

7.. 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)

8.. 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)

9.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision applying the competition rules

(EC Treaty, Art. 190 (now Art. 253 EC))

10.. Competition – Agreements, decisions and concerted practices – Prohibition – Cartels continuing to produce effects after they have formally ceased to be in force – Application of Article 85 of the Treaty (now Article 81 EC)

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

11.. Competition – Fines – Amount – Determination – Criteria – Seriousness of the infringements – Application in the context of an infringement committed by several undertakings

(Council Regulation No 17, Art. 15)

12.. Competition – Fines – Amount – Determination – Criteria – Seriousness of the infringements – Compliance with the principles of proportionality and equity

(Council Regulation No 4056/86, Art. 19(2))

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