Keywords
Operative part

Keywords

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1. Competition ° Administrative procedure ° Rules on the use of languages ° Statement of objections and final decision ° Drawn up in the language of the case ° Annexes to the statement of objections ° To be made available in their original language

(Council Regulation No 1, Art. 3, Council Regulation No 17, Art. 19(1) and (2) and Commission Regulation No 99/63, Art. 2(1))

2. Competition ° Administrative procedure ° Commission decision establishing an infringement ° Exclusion of evidence not disclosed to the addressee undertaking

(EEC Treaty, Art. 85(1))

3. Competition ° Agreements, decisions and concerted practices ° Concerted practice ° Meaning ° Exchange of information under a cartel agreement

(EEC Treaty, Art. 85(1))

4. Competition ° Agreements, decisions and concerted practices ° Effect on trade between Member States ° Criteria

(EEC Treaty, Art. 85(1))

5. Competition ° Community rules ° Application ° Anti-competitive conduct fostered by the authorities of a Member State ° Not relevant

(EEC Treaty, Arts 85 and 86)

6. Community law ° Principles ° Force majeure ° Meaning

7. Competition ° Community rules ° Infringement ° Failure by the Commission to take action regarding other infringements ° Does not constitute justification

(EEC Treaty, Arts 85, 86 and 155)

8. Competition ° Fines ° Criteria for calculation which the Commission intends applying ° Indication thereof during administrative procedure ° No obligation to that effect ° Desirability of disclosing the method of calculating the fine

(Council Regulation No 17, Art. 15)

9. Competition ° Fines ° Amount ° Community penalties and penalties imposed by the authorities of a Member State for infringement of domestic competition law ° Imposition of both ° Permissible ° Commission' s obligation to take account of a national penalty imposed in respect of the same conduct

(Council Regulation No 17, Art. 15)

Operative part

hereby:

1. Dismisses the application;

2. Orders the applicant to pay the costs.