CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - EVIDENCE OF INFRINGEMENT — SINGLE AND CONTINUOUS INFRINGEMENT

Evidence of infringement : The General Court of the European Union assesses the infringement interruption and considers that the continuous nature of the infringement cannot result from mere speculation and must be proven with respect to the context and the market characteristics (FSL Holdings)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This lengthy judgment, handed down by the Court of First Instance in the case of the banana cartel in Greece, Italy and Portugal, contains extensive, if not new, developments on the rules of proof of a cartel, whether it is an agreement or a concerted practice. It partially censors the decision adopted on 12 October 2011 (Decision C(2011) 7273 final) by the Commission on the grounds that it did not establish to the requisite legal standard the continuing nature of the infringement over a period of several months. The main feature of this judgment is the distinction drawn by the Tribunal between the use of a body of evidence aimed at establishing the

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