Keywords
Summary

Keywords

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1 . Competition - Cartels - Interference with competition - Criteria for assessment - Agreement fixing common prices - Agreement intended to restrict competition - Agreement not observed - Not relevant

( EEC Treaty, Art . 85 ( 1 ))

2 . Competition - Cartels - Interference with trade between Member States - Agreement covering the market of a single Member State - Agreement providing for a common defence against foreign competition

( EEC Treaty, Art . 85 ( 1 ))

3 . Competition - Community rules - Infringements - Committed deliberately - Concept

( Regulation No 17, Art . 15 )

4 . Acts of the institutions - Statement of reasons - Obligation - Scope - Decision to apply competition rules

( EEC Treaty, Art . 190 )

Summary

1 . In the context of a cartel, the fixing of common prices, even if not observed in practice, constitutes an infringement of Article 85 ( 1 ) of the Treaty if they are intended to restrict competition .

2 . The fact that a cartel relates only to the marketing of products in a single Member State is not sufficient to exclude the possibility that trade between Member States might be affected . That is the position where, in the case of a market susceptible to imports, the undertakings participating in the cartel arrange a common defence against foreign competition in order to maintain their market shares .

3 . It is not necessary for an undertaking to have been aware that it was infringing the rules of competition laid down in the Treaty for an infringement to be regarded as having been committed intentionally; it is sufficient that it could not have been unaware that the contested conduct had as its object the restriction of competition .

4 . Although when taking a decision with regard to the application of the rules of competition the Commission is required by Article 190 to set out all the circumstances justifying the adoption of the decision and the legal considerations which led the Commission to adopt it, that article does not require the Commission to discuss all the matters of fact and of law which may have been dealt with during the administrative proceedings .