Judgment_paragraph 62 · Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG (C-2/01 P, C-3/01 P)

62As to the merits, it should be noted that, in Anic Partecipazioni, contrary to what BAI is suggesting, the Court of Justice did not modify the principle that, where there is a dispute as to the existence of an infringement of the competition rules, it is for the Commission to prove the infringement which it has found and to adduce evidence capable of demonstrating to the requisite legal standard the existence of circumstances constituting an infringement.