Judgment_paragraph 286 · Raiffeisen Zentralbank Österreich AG and Others v Commission of the European Communities (T-259/02, T-260/02, T-261/02, T-262/02, T-263/02, T-264/02, T-271/02)

286On the other hand, the Commission cannot be required, where the implementation of a cartel has been established, systematically to demonstrate that the agreements in fact enabled the undertakings concerned to achieve a higher level of transaction prices than that which would have prevailed in the absence of a cartel. In that regard, the view that only the fact that the level of transaction prices would have been different in the absence of collusion may be taken into account in determining the gravity of the infringement cannot be upheld (Case C-279/98 P Cascades v Commission [2000] ECR I-9693, paragraphs 53 and 62). Moreover, it would be disproportionate to require such proof, which would absorb considerable resources, given that it would necessitate making hypothetical calculations based on economic models whose accuracy it would be difficult for the Court to verify and whose infallibility is in no way proved (Opinion of Advocate General Mischo in Case C-283/98 P Mo och Domsjö v Commission [2000] ECR I-9855, at I-9858, point 109).