Judgment_paragraph 387 · JFE Engineering Corp., formerly NKK Corp., Nippon Steel Corp., JFE Steel Corp. and Sumitomo Metal Industries Ltd v Commission of the European Communities (T-67/00, T-68/00, T-71/00, T-78/00)

387JFE-Kawasaki argues that the fact that products could not be resold distinguishes the present case from all the cases to which the Commission refers in footnote 35 of the contested decision to justify its conclusion that the agreement found in Article 1 did have an effect upon trade between Member States: Case 51/75 EMI Records [1976] ECR 811 and the cases which led to Commission Decision 74/634/EEC of 29 November 1974 relating to proceedings under Article [81 EC] (Case IV/27.095 — Franco-Japanese ball-bearings agreement) (OJ 1975 L 343, p. 19), Commission Decision 75/77/EEC of 8 January 1975 relating to a proceeding under Article [81 EC] (Case IV/27.039 — preserved mushrooms) (OJ 1975 L 29, p. 26), and Commission Decision 75/497/EEC of 15 July 1975 relating to a proceeding under Article [81 EC] (Case IV/27.000 — IFTRA rules for producers of virgin aluminium) (OJ 1975 L 228, p. 3). In all of those cases there was at least the possibility that the products the importation of which from nonparty countries was prohibited by unlawful agreements might be resold within the Community. Commission Decision 73/109/EEC of 2 January 1973 relating to proceedings under Articles [81 and 82 EC] (Case IV/26.918 — European sugar industry) (OJ 1973 L 140, p. 17) mentioned in footnote 36 to the contested decision related to a concerted practice rather than to any unlawful agreement and is thus also irrelevant in the present case.