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Document 62014TJ0438
Judgment of the General Court (Eighth Chamber) of 12 July 2018.
Silec Cable and General Cable Corp. v European Commission.
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Concept of an undertaking — Economic succession — Single and continuous infringement — Evidence of the infringement — Public distancing — Duration of participation — Equal treatment — Gravity of the infringement — Unlimited jurisdiction.
Case T-438/14.
Judgment of the General Court (Eighth Chamber) of 12 July 2018.
Silec Cable and General Cable Corp. v European Commission.
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Concept of an undertaking — Economic succession — Single and continuous infringement — Evidence of the infringement — Public distancing — Duration of participation — Equal treatment — Gravity of the infringement — Unlimited jurisdiction.
Case T-438/14.
Judgment of the General Court (Eighth Chamber) of 12 July 2018 –
Silec Cable and General Cable v Commission
(Case T‑438/14)
(Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Concept of an undertaking — Economic succession — Single and continuous infringement — Evidence of the infringement — Public distancing — Duration of participation — Equal treatment — Gravity of the infringement — Unlimited jurisdiction)
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Competition — EU rules — Infringements — Attribution — Undertaking — Meaning — Economic unit (Art. 101 TFEU) (see paras 32-41) |
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Competition — Administrative procedure — Commission decision finding an infringement — Burden of proving the infringement and its duration on the Commission — Means of proof — Reliance on a body of evidence — Degree of evidential value necessary as regards items of evidence viewed in isolation — Permissibility of an overall assessment of a body of evidence — Compliance with the principle of the presumption of innocence (Art. 101(1) TFEU; Charter of Fundamental Rights of the European Union, Art. 48) (see paras 62-68, 116-122, 143-145) |
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Competition — EU rules — Infringements — Attribution — Establishment of an alignment programme to comply with the competition rules — Not imperative to take into account (Art. 101(1) TFEU) (see para. 72) |
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Competition — Administrative procedure — Commission decision finding an infringement — Burden of proving the infringement and its duration on the Commission — Extent of the burden of proof — Evidence of the end of the infringement — Undertaking concerned not distancing itself from the decisions adopted — Public distancing — Criteria for assessment (Art. 101(1) TFEU) (see paras 150-165) |
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Competition — Administrative procedure — Commission decision finding an infringement — Burden of proving the infringement and its duration on the Commission — Extent of the burden of proof — Single and continuous infringement — Lack of evidence relating to certain specific periods of the overall period considered — Irrelevant (Art. 101(1) TFEU) (see para. 174) |
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Competition — Fines — Assessment by reference to the individual conduct of the undertaking — Irrelevant that no sanction brought against another economic operator — None — Compliance with the principle of equal treatment having to be reconciled with the principle of legality (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2)) (see paras 187, 188) |
Re:
Action pursuant to Article 263 TFEU for annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicants and, in the alternative, an application for a reduction in the amount of the fines imposed on the applicants in that decision.
Operative part
The Court:
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Dismisses the action; |
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Orders Silec Cable SAS and General Cable Corp. to pay the costs. |