Judgment_paragraph 86 · John Deere Ltd v Commission of the European Communities (C-7/95 P)

86First of all, according to the case-law of the Court Qoined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73, Suiker Unie v Commission [1975] ECR 1663, paragraph 173, and Case 172/80 Züchner v Bayerische Vereinsbank [1981] ECR 2021, paragraph 13), the criteria of coordination and cooperation necessary for determining the existence of a concerted practice, far from requiring an actual ‘plan’ to have been worked out, are to be understood in the light of the concept inherent in the Treaty provisions on competition, according to which each trader must determine independently the policy which he intends to adopt on the common market and the conditions which he intends to offer to his customers.