82021Apr

Agreements And Concerted Practices (Of 401)

Apart from the fact that Weichert has not provided any evidence of the use of long-term supply contracts in which pricing is based on the `Aldi price`, it should be noted that, as part of the weekly negotiation process, the Commission has reported an objective finding regarding the marketing of bananas, namely a chronology of events that inevitably begin with Chiquita`s announcement. Dole and Weichert their list prices to their customers, refiners and retailers early on Thursday morning, before the publication of the „Aldi quote“. The main element of the link between companies is the exchange of information. In the case of Z-chner [126], in which Mr. Zuchner wanted to transfer his money to Italy, almost all the banks demanded the same commission. The ECJ found that it was not necessary to establish a real link between companies in order to reach a judgment on the collaborative practice. [127] This means that the Court of Justice has broadened its own jurisprudence and states that the exchange of information alone could be sufficient to demonstrate a concerted practice if it has negative effects on competition, in the absence of real contact. [128] Finally, the applicant argues that this case shows that companies that legitimately defend themselves by arguing that the practices found by the Commission not in breach of Article 81 CE are worse off than those involved in manifestly serious offences, since the former cannot benefit from a reduction as a result of the communication of cooperation, as they claim that their conduct is legal. , or within the framework of the guidelines, since the Commission seems to consider its behaviour to be within the scope of communication on cooperation. It is impossible to imagine an economy without any link between companies. Linking and cooperating make an economy functional and useful in terms of product efficiency, consumers, innovation, etc. But, as with everything, this cooperation sometimes becomes an animal that harms consumers, businesses and the market itself. We must put an end to this dangerous agreement.

Under EU competition law, Article 101 of the EUTS applies to these competition practices that limit competition. It is therefore clear that customers expected that the rise in list prices would lead to higher transaction prices and that they would use list prices as trading instruments to set real prices, which shows importers` interest in concerted action at these list prices. These precise and consistent statements by Dole and Del Monte, made intentionally and after careful consideration in writing, have considerable probative value (see, in this sense, Aragonesas Industrias y Energéa /Commission, mentioned above in point 364, point 104) with regard to the role of list prices – generally referred to – as an initial price demand from importers and the relevance of these prices in trade negotiations. In this case, Article 1 of the contested decision argues that the recipients, including Weichert, participated, for several periods, in a concerted practice in which they coordinated the catalogue prices of bananas, the offence relating to Austria, Belgium, Denmark, Finland, Germany, Luxembourg, the Netherlands and Sweden.