28It follows that a decision taken on the basis of Article 9(1) of Regulation No 1/2003 cannot create a legitimate expectation in respect of the undertakings concerned as to whether their conduct complies with Article 101 TFEU. As the Advocate General observed in point 39 of her Opinion, the commitment decision cannot ‘legalise’ the market behaviour of the undertaking concerned, and certainly not retroactively.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.