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It contends that the tables produced by the applicant prove nothing since they do not contain data comparable to the ADETS documents and that, in any event, deliveries well in excess of the quota did not take place until after the date specified by the Decision as marking the end of the infringement points 73 and 76 of the Decision. However, the exchange of information between competitors which might potentially be used to set up such a cartel constituted, at the very least, a concerted practice within the meaning of Article 85 of the Treaty.

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terillis It claims that it had no interest in exporting to the German market because it had a wholly owned subsidiary in Germany through which it was kept fully informed of the decisions taken by the German structural crisis cartel and, also, it made its German sales through or by agreement with that subsidiary.

These panels are filled with. Moreover, it submits that there is nothing contradictory about its examining each partial market in order to identify each agreement and each participant and then to consider the cumulative effects thereof, which must necessarily be evaluated in a wider context. It must therefore be considered whether the Commission was right to infer from the applicant’ s participation in such meetings that it was a party to the agreements.

Tecnomallas, founded inis a family run Company with strong links with the enclosure systems’ area for years, and [ This document is greillis excerpt from the EUR-Lex website. Where an undertaking participates, even if not actively, in meetings held by undertakings with a view to fixing the prices of their products and does not publicly distance itself from what occurred at them, thus giving the impression to the other participants that it subscribes to the results of the meetings and will act in conformity with them, it may be concluded that it is participating in the restrictive arrangements resulting from that meeting.

It is therefore for the benefit of the undertakings that, specifically in order not to discourage proceedings by them before the Court, that rate is avets in the event of treillis action being brought. The posting of advertisements, profanity, or personal attacks is prohibited. This cage is a cube of 2 x 2 x 2 m, composed of eight detachable panels of 2 x 1 m each, with. In that connection, it states, first, that intra-Community trade in welded steel mesh is not particularly intensive except in the border areas because of the high transport costs.

It must also be stated that, after the increase recorded in andthe applicant’ s exports to the German market stabilized at a high level. Findings of the Court 71 The applicant’ s participation in the agreements covering the German market is apparent from Mr Mueller’ s telex of 15 December to Thibodraad following a meeting held in Breda on 5 Decemberattended by the applicant, which states: The Decision also took account, as a mitigating circumstance, of the existence of a structural crisis cartel in Germany, which led the parties established in other Member States to seek to protect themselves, although that did not justify the unlawful measures which they took point of the Decision.


Tecnomallas, founded inis a family run Company with strong links with the enclosure systems’ area for addets, and.

Embed an electric al l y welded mesh i n t he bottom third [ Findings of the Court 87 Article 85 1 of the Treaty prohibits as incompatible with the Common Market all agreements between undertakings and concerted practices which may affect trade between Member States and which have as their object or effect qdets prevention, restriction or distortion of competition within the Common Market, and in particular those which directly or indirectly fix purchase or selling prices or any other trading conditions or share markets or sources of supply.

The following fines are hereby imposed on the undertakings named below in respect of the infringements found in Article That set of agreements was put into effect between the start of and the end of and was formalized by the adoption on 14 October of a “protocol of agreement” concluded for the period 1 July to 31 December Arguments of the parties 56 The asets admits having participated in meetings concerning the Benelux market at which information was exchanged on prices charged, but it insists that it attended only in order to learn about market conditions, that it played an entirely passive role and never gave any commitment to the other participants.

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It is undeniable, as stated in the Decision pointthat the existence of that cartel prompted the producers in other Member States to protect themselves. It should not be summed up with the orange entries The translation is wrong or of bad quality. Advertisements or commercial links. It adds that the Commission has not proved that it charged the same prices as other producers.

That is, in the Commission’ s view, the position in the present case, which is concerned with price and quota agreements. The certification rules were established including all the relevant parties. Moreover, that provision does not require the restrictions of competition ascertained actually to have appreciably affected trade between Member States but merely requires that it be established that the agreement was capable of having that effect.

The Court considers that the Decision, read as a whole, provided the persons concerned with the indications necessary for them to determine whether or not it was well founded and enabled the Court to carry out its review of legality. Arguments of the parties 20 The applicant admits having taken part in the meetings concerning agreements but claims that the Commission is wrong to infer from its participation in the meetings that it ades in the agreements.

The Commission adds that the arrangements at issue were not crisis cartels, which necessarily involve a restructuring plan and can be treiillis only after notification with a view to obtaining an exemption under Article 85 3. It claims to have made deliveries far in excess of the so-called quotas.

Why choose products that are certified by AFCAB Choose cut, bent or welded steels certified by AFCAB, choose a fixing company certified by AFCAB, provides to the contractor and to the user the guarantee that the reinforcing steel will not break the quality of the building, from the design trejllis the construction. It contends that it took action as soon as it had notice of the disruptive effects of the German cartel on intra-Community trade.


Contrary to the applicant’ s assertions, the gravity of an infringement does not depend solely on its impact on the market.

Court of First Instance Country or organisation from which the decision originates: A price increase of BFR is planned for May. Ferriere Nord SpA Pittini: Summary Parties Grounds Decision on costs Operative part.

At the hearing, it stated that an undertaking was not prohibited from selling its products at a price level close to that of the prices imposed on a market, particularly if that price was high and its subsidiary was obliged to observe it by reason of its membership of the cartel. Price and quota agreements are expressly mentioned in Article 85 1 of the Treaty and in themselves constitute particularly serious infringements of the competition rules.

Procedure 10 It was in those circumstances that, by application lodged at the Registry of the Court of Justice treillie 17 Octoberthe applicant brought the present action for the annulment of the Decision. Flaming or offending other users.

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Moreover, the Commission emphasizes that annex 42 was prepared in respect of March but relates to deliveries of welded steel mesh on the French market, giving cumulative figures for the entire period from July to Marchin exactly the same way as the table in point 65 of the Decision. It maintains that it did not adts a member of ADETS until and that it never expressed its agreement to the content of those documents. Need more search options? Agreements, decisions and concerted practices Concerted practices Competition Case law directory code: Reduction of reinforcement time thanks to the presence of [ Scope is available at: The purpose of the cartel was to reduce capacity; it also provided for delivery quotas and price fixing, the latter being authorized, however, only for the first two years of its operation points and of the Decision.

Europe Juin Comm. In that treilpis, it must be observed that German, Belgian, Italian, French and Dutch producers participated in those agreements. For an agreement, decision or concerted practice to be capable of affecting trade between Member States within the meaning of Article 85 1 of the Treaty, it must be possible to foresee with a sufficient degree of probability, on the basis of treilliw or factual considerations, that it may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States giving rise to a fear that the realization of a single market between Member States might be impeded.

Decision on costs Costs Under Article 87 2 of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’ s pleadings. Action for annulment – unfoundedAppeal against penalty – successful Applicant: The wrong words are highlighted.