Judgment_paragraph 77 · Dole Food Company, Inc. and Dole Germany OHG v European Commission (T-588/08)

77As regards recital 315 to the contested decision, its purpose is merely to reply to an argument of the undertakings to which the statement of objections is addressed according to which the pre-pricing communications are merely exchanges of information, which can infringe Article 81 EC only if anti-competitive effects are established. In that recital, the Commission draws a distinction between the present case and the case, relied upon by those undertakings, which led to the adoption of Commission Decision 92/157/EEC of 17 February 1992 relating to a proceeding pursuant to Article [81 EC] (Case IV/31.370 and 31.446 – UK Agricultural Tractor Registration Exchange) (OJ 1992 L 68, p. 19), concerning an information exchange system that gave rise to an infringement of Article 81 EC on account of its anti-competitive effects on the market.