Keywords

Summary



Keywords

1. Competition - Agreements, decisions and concerted practices - Imputation to an undertaking - Responsibility for conduct of other undertakings in the context of the same infringement - Whether permissible - Criteria

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

2. Competition - Agreements, decisions and concerted practices - Imputation to an undertaking - Effect of bonds of economic dependence between the undertakings participating in the infringement - None

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

3. Competition - Agreements, decisions and concerted practices - Agreements between undertakings - Participation allegedly under pressure - Not a factor such as to justify failure by an undertaking to notify the competent authorities

(EC Treaty, Art. 85(1) (now Art. 81(1) EC); Council Regulation No 17, Art. 3)

4. Competition - Agreements, decisions and concerted practices - Agreements between undertakings - Effect on trade between Member States - Assessed overall and not at the level of each participant

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

5. Competition - Administrative procedure - Statement of objections - Matters to be stated

(Council Regulation No 17, Art. 19(1); Commission Regulation No 99/63, Art. 4)

6. Competition - Fines - Determined on the basis of an undertaking's own conduct - Effect of the fact that another trader has not been penalised - None

(Council Regulation No 17, Art. 15(2))

Summary

1. An undertaking which has participated in a multiform infringement of the competition rules by its own conduct, which met the definition of an agreement or concerted practice having an anti-competitive object within the meaning of Article 85(1) of the Treaty (now Article 81(1) EC) and was intended to help bring about the infringement as a whole, may also be responsible for the conduct of other undertakings followed in the context of the same infringement throughout the period of its participation in the infringement, where it is proved that the undertaking in question was aware of the unlawful conduct of the other participants, or could reasonably foresee such conduct, and was prepared to accept the risk.

( see para. 38 )

2. Although it is true that the bonds of economic dependence existing between participants in an agreement are liable to affect their freedom of initiative and decision, the existence of those bonds does not make it impossible to refuse to consent to the agreement which is proposed to them.

( see para. 48 )

3. An undertaking which participates with others in anti-competitive conduct cannot rely on the fact that it participates in the cartel under constraint from the other participants, since it may complain to the competent authorities about the pressure brought to bear on it and lodge a complaint with the Commission under Article 3 of Regulation No 17 rather than participate in the activities in question.

( see para. 50 )

4. Where the Commission has established to the requisite legal standard that the infringement of Article 85(1) of the Treaty (now Article 81(1) EC) in which an undertaking participated was apt to affect trade between Member States, it is not necessary for it to demonstrate that the undertaking's individual participation affected trade between Member States.

( see para. 58 )

5. The statement of objections must be couched in terms that, albeit succinct, are sufficiently clear to enable the parties concerned properly to identify the conduct complained of by the Commission. It is only on that basis that the statement of objections can fulfil its function under the Community regulations of giving undertakings all the information necessary to enable them properly to defend themselves, before the Commission adopts a final decision.

( see para. 64 )

6. Where an undertaking has, by its conduct, infringed Article 85(1) of the Treaty (now Article 81(1) EC), it cannot escape any penalty on the ground that no fine was imposed on other economic operators when those other undertakings' circumstances are not even the subject of proceedings before the Community judicature.

( see para. 101 )