Judgment_paragraph 70 · Duravit AG and Others v European Commission (C-609/13 P)

70Finally, as regards the appellants’ argument that the General Court erred in finding, in paragraphs 235, 239 and 298 of the judgment under appeal, that an attempt to reach an agreement already constitutes an infringement of Article 101 TFEU, it should be borne in mind that a ‘concerted practice’, within the meaning of Article 101(1) TFEU, refers to a form of coordination between undertakings which, without having been taken to a stage where an agreement properly so called has been concluded, knowingly substitutes for the risk of competition practical cooperation between them (see, to that effect, judgment of 8 July 1999, Commission v Anic Partecipazioni , C‑49/92 P, EU:C:1999:356, paragraph 115 and the case-law cited).