I. Introduction Should the competition authorities bring proceedings against subjectively innocent undertakings? The assumption made by the respondents in the present case was that their own conduct was lawful and this hypothesis of lawfulness could be strengthened by the fact that during a very long period of time they entered into price agreements and no decision had ever been taken against them by the national competition authorities. Neither did their legal adviser provide them with any instructions in this sense. Since the character of competition law presents many common aspects with criminal law, it is necessary to assess whether good faith has a role to play in this perspective. The questions sent by the Austrian referring court in this case are the following: – 1. May
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The ECJ AG Kokott establishes that an unobjectionable error of law may exonerate an undertaking from antitrust liability to pay fines (Schenker)
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