The EU Court of First Instance upholds the Commission’s decision finding that a series of agreements are anti-competitive and cannot be exempted (Publishers Association)

Case T-66/89 Publishers Association v Commission of the European Communities* 1. The scope of a dispute concerning the compatibility of a series of notified agreements with the competition rules of the Treaty is not altered by a statement made during the proceedings to the effect that some of those agreements are to be -withdrawn if such withdrawal has not been notified to the Commission and no evidence of its actual implementation has been produced. 2. In order to be capable of affecting trade between the Member States, within the meaning of Article 85(1) of the Treaty, an agreement, a decision by associations of undertakings or a concerted practice must make it possible to foresee with a sufficient degree of probability, on the basis of a set of objective elements of