Judgment_paragraph 167 · Schenker Ltd v European Commission (T-265/12)

167In addition, as regards the argument that Mr B. had no pricing authority, suffice it to observe that the applicant does not call into question the Commission’s findings in recital 122 of the contested decision, where the Commission recounted in detail and with reference to evidence that Mr B. did have pricing authority within Bax Global (UK), that the existence of the NES cartel was well known within that company and that the members of the Board had been informed by Mr B. of the existence of the NES cartel and had raised no objection to it. In that context, it must also be recalled that formal authorisation of the participation of an undertaking’s employee in a cartel is not a prerequisite of that participation being attributable to the undertaking (judgment of 16 November 2011 in Álvarez v Commission, T‑78/06, EU:T:2011:673, paragraph 39).