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The EU Court of Justice holds that the Commission does not have to prove the existence of an agreement as well as a concerted practice regarding a cartel in the chemical industry (Anic)

Case C-49/92 P Commission of the European Communities v Anic Partecipazioni SpA* 1. Given the nature of the infringements of the Community competition rules in question and the nature and degree of severity of the ensuing penalties, responsibility for committing those infringements is personal in nature. The agreements and concerted practices referred to in Article 85(1) of the Treaty (now Article 81(1) EC) necessarily result from collaboration by several undertakings, who are all co-perpetrators of the infringement but whose participation can take different forms according, in particular, to the characteristics of the market concerned and the position of each undertaking on that market, the aims pursued and the means of implementation chosen or envisaged. However, the mere fact

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