The EU Court of Justice upholds the Commission’s decision finding vertical collective dominance in the retail sugar sector (Irish Sugar)

Case T-228/97 Irish Sugar plc ν Commission of the European Communities* 1. The taking into account of an argument put forward by an undertaking during the administrative procedure leading to the adoption of a decision concerning it with regard to competition, when the undertaking has not been given an opportunity to express an opinion in that respect before the adoption of the final decision, cannot as such constitute an infringement of defence rights, especially where the fact that the argument was taken into account does not alter the nature of the complaints against it. Where the undertaking has had an opportunity to express its view on the position adopted by the Commission in the statement of objections, it can expect that its own explanations may lead the Commission to alter its