Judgment_paragraph 118 · Dole Food Company, Inc. and Dole Fresh Fruit Europe v European Commission (C-286/13 P)

118In addition, although the parties’ intention is not a necessary factor in determining whether a type of coordination between undertakings is restrictive, there is nothing prohibiting the competition authorities, the national courts or the Courts of the European Union from taking that factor into account (see, to that effect, judgment in CB v Commission, C 67/13 P, EU:C:2014:2204, paragraph 54 and the case law cited).