Judgment_paragraph 132 · Commission of the European Communities v Anic Partecipazioni SpA (C-49/92 P)

132It follows that, whilst the concepts of an agreement and of a concerted practice have partially different elements, they are not mutually incompatible. Contrary to Anic's allegations, the Court of First Instance did not therefore have to require the Commission to categorise either as an agreement or as a concerted practice each form of conduct found but was right to hold that the Commission had been entitled to characterise some of those forms of conduct as principally ‘agreements’ and others as ‘concerted practices’.