145In recital 890 of the decision at issue, the Commission had stated that the contacts concerning routes that carriers never operated or which they could not legally have operated could also be relevant to establishing the existence of a single and continuous infringement. It had also stated, in that recital, that its assessment stemmed from the fact that there were no insurmountable barriers preventing the parties from providing airfreight services on those routes, and had cited the case-law stemming from the judgment of 20 January 2016, Toshiba Corporation v Commission (C‑373/14 P, EU:C:2016:26).
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