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Document 62018CJ0599
Judgment of the Court (Seventh Chamber) of 14 November 2019.
Silec Cable and General Cable Corp. v European Commission.
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption of innocence — Distortion of the evidence — Public distancing — Subjective perception of other cartel participants — Infringement committed by several undertakings constituting a single economic entity — Gravity of the infringement committed by one of these undertakings — Determination — ‘Fringe player’ or ‘moderate player’ in the cartel — Determination — Principle of equal treatment.
Case C-599/18 P.
Judgment of the Court (Seventh Chamber) of 14 November 2019.
Silec Cable and General Cable Corp. v European Commission.
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption of innocence — Distortion of the evidence — Public distancing — Subjective perception of other cartel participants — Infringement committed by several undertakings constituting a single economic entity — Gravity of the infringement committed by one of these undertakings — Determination — ‘Fringe player’ or ‘moderate player’ in the cartel — Determination — Principle of equal treatment.
Case C-599/18 P.
ECLI identifier: ECLI:EU:C:2019:966
Judgment of the Court (Seventh Chamber) of 14 November 2019 — Silec Cable and General Cable v Commission
(Case C‑599/18 P) ( 1 )
(Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption of innocence — Distortion of the evidence — Public distancing — Subjective perception of other cartel participants — Infringement committed by several undertakings constituting a single economic entity — Gravity of the infringement committed by one of these undertakings — Determination — ‘Fringe player’ or ‘moderate player’ in the cartel — Determination — Principle of equal treatment)
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1. |
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 — Requirement that the distortion be obvious from the documents in the file (Art. 256(1), second paras. (d), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 38-49, 80) |
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2. |
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 — Undertaking concerned not distancing itself from the decisions adopted — Need to take other evidence into account (Art. 101 TFEU; EEA Agreement, Art. 53) (see paras 51-56) |
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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) (Art. 101 TFEU; EEA Agreement, Art. 53) (see paras 74, 83) |
Operative part
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Silec Cable SAS and General Cable Corp. to pay the costs. |
( 1 ) OJ C 436, 3.12.2018.