354In the first place, it must be observed that, in recital 218 of the Decision, the Commission rejected the arguments of Cerestar and the applicant on the basis in particular of a statement by ADM annexed to the statement of objections. According to ADM's statement, the applicant played an active role in the cartel and tried to create a degree of stability in the market. In addition, in recital 219 of the Decision, the Commission referred to the Court's case-law which states that an undertaking which, despite colluding with its competitors, follows a more or less independent policy on the market may simply be trying to exploit the cartel for its own benefit. However, a mere reference to case-law cannot constitute incriminating evidence and, in any event, the case-law is public and accessible, irrespective of the documents in a particular administrative matter.