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

Judgment of 15 Mar 2006

law://eu/cjeu/2002/t-26-02/para_139@2026-11-13

139In contrast, the evidence submitted by the applicant to the Commission on 9 July 1999 was decisive as it was exhaustive and detailed. In particular, it enabled the Commission to establish the history and the system of the cartel, its basic scheme, the timing and mechanism of budget adjustments, the details of meetings, the operation of the cartel from 1991 to 1997 and its duration. The decisive nature of the applicant's information is also clear from the fact that the Commission relied on it almost exclusively to describe the infringement in the Decision (Case T-317/94 Weig v Commission [1998] ECR II-1235, paragraph 288). In particular, the part of the Decision relating to the description of the vitamin B5 cartel (recitals 292 to 329) included approximately 20 references to statements, declarations and documents produced by the applicant, whereas it referred only twice to statements and documents produced by BASF and only once to a statement by Roche.

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

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