||All England Reporter
|| All ER (D) 357 (Jun)
||Court of Justice of the European Communities (Second Chamber)
Judges Timmermans (President of the Chamber), de Lapuerta (Rapporteur), Kuris, Arestis and Klucka
||29 June 2006
European Communities - Application of rules of competition - Agreements restricting competition - Joint dominant position - Cartel - Graphite electrodes market - Price fixing and market sharing - Cooperation during investigation - Whether cooperation constituting voluntary collaboration with investigation - Commission Decision (EC) 2002/71.
An undertaking being investigated for breach of competition rules was subject to an obligation to cooperate actively, which implied that it had to make available to the Commission all information relating to the subject-matter of the investigation. The Commission was entitled to compel an undertaking, if necessary by adopting a decision, to provide all necessary information concerning such facts as might be known to it; to disclose, if necessary, information concerning such facts as might be known to it; and to disclose, if necessary, such relevant documents as were in its possession, even if the latter might be used to establish, against it or another undertaking, the existence of anti-competitive conduct. A reduction in a fine imposed for breach of competition rules under the Leniency Notice could be justified only where the information provided and, more generally, the conduct of the undertaking concerned might be considered to demonstrate a genuine spirit of cooperation on its part.
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