The EU Court of First Instance states that agreements which continue to produce their effects after they have formally ceased to be in force are caught under competition law (Hercules)
Case T-7/89
S. A. Hercules Chemicals N. V. v Commission of the European Communities*
1. Once the Commission, going beyond what is required by observance of the rights of the defence, has established a procedure for providing access to the file in competition cases and has laid down the rules of that procedure and published them in one of its reports on competition policy, it may not depart from the rules which it has imposed on itself and thus has the obligation to make available to the undertakings involved in Article 85(1) proceedings all documents, whether in their favour or otherwise, which it has obtained during the course of the investigation, save where the business
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