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The EU Court of First Instance holds that attendance by an undertaking at meetings involving anti-competitive activities suffices to establish its participation in those activities in the absence of proof capable of establishing the contrary (Thyssen Stahl)

Case T-141/94 Thyssen Stahl AG ν Commission of the European Communities* 1. Having regard to the principle of ex proprio motu investigation, when the Commission finds itself facing allegations of importance for the defence of undertakings concerned by a proceeding pursuant to Article 65 of the ECSC Treaty and when, in the case of allegations that a Commission department encouraged those undertakings to implement the practices of which they are accused, the Commission is therefore, with regard to the conduct of its own departments, in a privileged position, compared with those undertakings, to establish whether those allegations are true or false, it follows from the principles of sound administration and equality of arms that it is under an obligation to examine seriously that aspect

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