The EU Court of First Instance holds that an undertaking can be liable for its participation in a cartel unless it distanced publicly itself from what was agreed in the meeting (Tréfileurope)

Case T-141/89 Tréfileurope Sales SARL v Commission of the European Communities* 1. The market in the different kinds of welded steel mesh (including standard mesh, catalogue mesh, Listenmatten and tailor-made mesh) constitutes, for the purposes of Article 85(1) of the Treaty, a single market in welded steel mesh in that, first, a fall in the prices of standard mesh may render it substitutable for Listenmatten and tailor-made mesh and may divert customers towards standard mesh, and, secondly, there is some capacity in the industry to adapt its production plant in order to produce the different kinds of welded steel mesh. 2. The fact that competition in respect of the product in question operates essentially in the various border areas of the Member States concerned does not mean that