43In that context, even though at the time of the infringements which gave rise to the contested decision, the courts of the European Union had not yet had the opportunity to rule specifically on the conduct of a consultancy firm such as the conduct characterising the action taken by AC‑Treuhand, that firm should have expected, if necessary after taking appropriate legal advice, its conduct to be declared incompatible with the EU competition rules, especially in the light of the broad scope of the terms ‘agreement’ and ‘concerted practice’ established by the Court’s case-law.
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