Nor is such proof constituted by the fact that the co-managers of a joint production facility act together to avoid a situation in which the quantities taken by each of them from this production facility might lead to unfair competition.ģ. A vertical relationship of seller and purchaser between two producers, where it concerns a product manufactured by only one of them, does not in itself constitute proof of an unlawful horizontal agreement. Where, in the context of an action brought against a decision of the Commission applying the competition rules of the Treaty, it emerges from the inquiry carried out by the Court that the documents communicated to the undertakings during the administrative procedure were distorted without any objective justification, it is incumbent on the Court to check meticulously the nature and import of the evidence taken into consideration by the Commission in the decision.Ģ. Competition - Dominant position - Undertaking - Concept - Collective dominant position - Conceptġ. 173 Regulation No 17 of the Council Commission Regulation No 99/63)Ĥ. Competition - Community rules - Commission decision finding existence of an infringement - Decision based on matters not all of which have been proved to the requisite legal standard - Remaking by the Court - Precluded - Partial annulment - Conditions Competition - Agreements, decisions and concerted practices - Concerted practice - Non-probative nature of certain types of contact between producersģ. Competition - Administrative procedure - Statement of objections - Notification to undertakings of distorted documents - Consequences - Particular vigilance on the part of the Court with respect to evidence taken into consideration to justify the Commission' s decisionĢ. Summary Parties Grounds Decision on costs Operative part Keywordsġ. Società Italiana Vetro SpA, Fabbrica Pisana SpA and PPG Vernante Pennitalia SpA v Commission of the European Communities.Ĭompetition - Concepts of agreement and concerted practices - Abuse of a collective dominant position - Evidence. Judgment of the Court of First Instance (First Chamber) of 10 March 1992. # Competition - Concepts of agreement and concerted practices - Abuse of a collective dominant position - Evidence. # Società Italiana Vetro SpA, Fabbrica Pisana SpA and PPG Vernante Pennitalia SpA v Commission of the European Communities.
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