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Document 62018CJ0596
Judgment of the Court (Seventh Chamber) of 28 November 2019.
LS Cable & System Ltd v European Commission.
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel.
Case C-596/18 P.
Judgment of the Court (Seventh Chamber) of 28 November 2019.
LS Cable & System Ltd v European Commission.
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel.
Case C-596/18 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2019:1025
Judgment of the Court (Seventh Chamber) of 28 November 2019 — LS Cable & System v Commission
(Case C‑596/18 P) ( 1 )
(Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel)
1. |
Agreements, decisions and concerted practices — Agreements between undertakings — Concept — Participation in meetings having an anti-competitive object — Included — Condition — Undertaking concerned not distancing itself from the decisions adopted (Art. 101(1) TFEU; EEA Agreement, Art. 53) (see paras 21-23) |
2. |
Appeal —Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Need to establish a manifest error of assessment (Art. 256(1), second para., (d), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 24, 25, 38) |
3. |
Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1), second para., (d) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30-32) |
4. |
Appeal — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1), second para., (d)., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 37) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders LS Cable & System Ltd to pay the costs. |
( 1 ) OJ C 427, 26.11.2018.