Judgment_paragraph 118 · Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission (C-698/19 P)

118In any event, the appellants cannot rely on the judgment of 26 September 2018, Infineon Technologies v Commission (C‑99/17 P, EU:C:2018:773), to support the argument that the General Court should have verified whether an interval of approximately five months without any demonstrated anticompetitive contact called into question the appellants’ participation in the alleged single and continuous infringement. Whereas paragraphs 50 to 52 of that judgment concern an analysis of facts particular to that case, the Court recalled in paragraph 53 of that judgment that, in the context of an infringement extending over a certain period, the fact that a cartel reveals itself at different periods, which may be separated by longer or shorter periods, has no effect on the existence of the agreement, provided that the various actions which form part of the infringement pursue a single aim and fall within the framework of a single and continuous infringement.

Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission (C-698/19 P)

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