The EU Court of First Instance holds that an undertaking not abiding by the outcome of anticompetitive meetings does not relieve it of full responsibility for its participation in the cartel unless it has publicly distanced itself from it (BPB de Eendracht)

Case T-311/94 BPB de Eendracht NV, formerly Kartonfabriek de Eendracht NV ν Commission of the European Communities* 1. The statement of objections, the purpose of which is to give the undertakings under investigation in application of the competition rules all the information necessary to enable them properly to defend themselves before the Commission adopts a final decision, must be framed in terms that are sufficiently clear, albeit concise, to enable the persons concerned properly to identify the conduct to which the Commission objects. 2. The statement of the reasons on which a decision adversely affecting a person is based must be such as to enable the Community judicature to exercise its power of review as to the legality of the decision and to enable the person concerned to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.