Tate & Lyle plc, British Sugar plc and Napier Brown & Co. Ltd v Commission of the European Communities (T-202/98, T-204/98, T-207/98)

Judgment of 12 Jul 2001

law://eu/cjeu/1998/t-202-98/para_58@2026-11-13

58In Case T-1/89 Rhône-Poulenc v Commission [1991] ECR II-867, in which the applicant had been accused of taking part in meetings at which information was exchanged amongst competitors concerning, inter alia, the prices which they intended to adopt on the market, the Court of First Instance held that an undertaking, by its participation in a meeting with an anticompetitive purpose, not only pursued the aim of eliminating in advance uncertainty about the future conduct of its competitors but could not fail to take into account, directly or indirectly, the information obtained in the course of those meetings in order to determine the policy which it intended to pursue on the market (Rhône-Poulenc, paragraphs 122 and 123). This Court considers that that conclusion also applies where, as in this case, the participation of one or more undertakings in meetings with an anticompetitive purpose is limited to the mere receipt of information concerning the future conduct of their market competitors.

Tate & Lyle plc, British Sugar plc and Napier Brown & Co. Ltd v Commission of the European Communities (T-202/98, T-204/98, T-207/98)

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