''Commission v Anic Partecipazioni SpA'' (1999
C-49/92is an
EU competition law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not crea ...
case, concerning the requirements for finding that there has been a cartel, or unlawful collusion, within
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 101.
Facts
Anic Partecipazioni SpA and several other corporations (including
Montedison
Edison S.p.A. is an Italian electric utility company headquartered in Milan. The company was established in 1884 and acquired by Electricité de France in 2012. Edison employs more than 5,000 people in Europe, North Africa and the Middle East. C ...
, Hoechst AG, Hoechst, Imperial Chemical Industries and Shell Chemicals) manufactured polypropylene, a substance used in packaging and labelling, some textiles, loudspeakers and polymer banknotes. Between 1977 and 1983 they had a system of target prices, and aimed to limit output to share the market according to quotas. Anic had a market share between 2.7 and 4.2 per cent.
The Commission found that Anic was in the cartel and fined it 750,000 ecu. The General Court (European Union), Court of First Instance reduced the Commission’s fine, saying the Commission failed to establish correctly how long Anic was involved in the cartel. Anic cross appealed, seeking further fine reduction or full annulment of the Commission’s Decision, arguing the Commission failed to specify whether its alleged infringement was an agreement or a concerted practice.
Judgment
The Court of Justice upheld the General Court’s judgment. It was not necessary to distinguish agreements, decisions and concerted practices, as a long course of conduct could cover any of them. A concerted practice meant knowingly substituting competition with practical cooperation, and an agreement meant an expression of joint intention. But the two were not mutually incompatible.
See also
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EU competition law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not crea ...
Notes
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References
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European Union competition case law
1999 in case law
1999 in the European Union