Judgment_paragraph 135 · Daiichi Pharmaceutical Co. Ltd v Commission of the European Communities (T-26/02)

135The applicant observes that, in Decision 2001/418/EC of 7 June 2000 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/36.545/F3 — Amino acids) (OJ 2001 L 152, p. 24), the Commission found that evidence is decisive within the meaning of Section B(b) of the Leniency Notice when it is ‘in itself sufficient to establish the existence of the cartel’. For evidence to be considered as establishing the infringement, it must, according to the applicant, relate to and describe the elements constituting the cartel, namely: the identity of the companies and the names and positions of the persons participating in the infringement; details of each of the meetings or contacts among the participants; details of the subject of discussions at each meeting and of any common understanding; the basic scheme of the cartel or modus operandi (for example, frequency of meetings, existence of monitoring systems, structures or bodies monitoring arrangements) and the duration of the infringement.

Daiichi Pharmaceutical Co. Ltd v Commission of the European Communities (T-26/02)

Key facts

History · 1 version

Connections