Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Coats Holdings and Coats v Commission

(Case T-36/05)

Competition – Cartels – European haberdashery market (needles) – Product market sharing – Geographic market sharing – Assessment of evidence – Participation in meetings – Tripartite agreement – Fine – Gravity and duration of the infringement – Attenuating circumstances

1.                     Competition – Administrative procedure – Commission decision finding an infringement consisting in the conclusion of an anti‑competitive agreement – Compliance with the principle of the presumption on innocence – Degree of probative force required for the Commission’s evidence (Art. 81(1) EC) (see paras 68, 70-72, 74)

2.                     Competition – Agreements, decisions and concerted practices – Participation of an undertaking in a meeting of the parties to a planned cartel – Circumstance permitting the conclusion that it participated in the subsequent cartel – Condition (Art. 81(1) EC) (see paras 90-91, 96)

3.                     Competition – Agreements, decisions and concerted practices – Undertaking which facilitated the entry into force of an anti‑competitive agreement which required action on its part – Circumstance permitting the conclusion that it participated in the agreement – Merely being informed of the existence of the agreement not sufficient (Art. 81(1) EC) (see paras 105, 110, 117, 119-120, 168)

4.                     Competition – Fines – Amount – Determination – Criteria defined in guidelines issued by the Commission – Seriousness and duration of the infringement – Attenuating circumstances – Passive or ‘follow-my-leader’ role of the undertaking (Art. 81(1) EC; Commission Notice 98/C 9/03) (see paras 199-200, 204-207, 210, 212)

Re:

Operative part

The Court: