60Moreover, it should be noted that the Commission did not determine the meeting of 16 and 17 November 1975 to be the start date of the infringement, but relied on that document, which predates the date on which the Commission determined the infringement to have begun, namely 15 January 1977, so as to better examine the evidence relating to the period of infringement. There was nothing to prevent the Commission from taking account of the steps preparatory to the setting-up stricto sensu of the cartel, in order to establish the economic situation which preceded it and explained the setting-up of the cartel, or in order to establish and evaluate the respective roles played by the members of the cartel in conceiving, setting up and implementing it. In the same way, moreover, the Commission may take account of the stage subsequent to the infringement period stricto sensu, in order to evaluate, under the Leniency Notice or on account of any attenuating circumstances, the actual cooperation of the undertakings in reporting their cartel (Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01, T-251/01 and T-252/01 Tokai Carbon and Others v Commission [2004] ECR II-1181, ‘Tokai I’, paragraph 304).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.