23Furthermore, prior to Commission Decision 2005/349/EC of 10 December 2003 relating to a proceeding under Article 81 [EC] and Article 53 [EEA] (Case COMP/E-2/37.857 — Organic peroxides) (OJ 2005 L 110, p. 44) (‘the organic peroxides decision’), which gave rise to the judgment in AC‑Treuhand I, no consultancy firm which had provided services to a cartel would have been held liable under Article 81(1) EC. The Commission also accepted in that decision that to address a decision to an undertaking which had played such a specific role was, to some extent, a new development.
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