Competition - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Price fixing - Proof of participation in a cartel - Duration - Error of assessment of the facts.

«(Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Price fixing – Proof of participation in a cartel – Duration – Error of assessment as to the facts)» Summary of the Judgment 1.. Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Meaning (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) 2.. Competition – Community rules – Undertakings – Infringements of Articles 85 or 86 of the Treaty (now Articles 81 EC and 82 EC) – Evidence – Correspondence between third parties (EC Treaty, Arts 85 and 86 (now Arts 81 EC and 82 EC)) 3.. Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Proof of an undertaking's participation – Perception by other undertakings of its importance for establishing a common position (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) 4.. Competition – Agreements, decisions and concerted practices – Undertaking – Meaning – Economic unit – Attribution of the infringements (EC Treaty, Art. 85 (now Art. 81 EC)) 5.. Competition – Agreements, decisions and concerted practices – Participation in meetings held by undertakings for an anti-competitive purpose – Sufficient basis for concluding that, if an undertaking has not distanced itself from the decisions taken, it participated in the subsequent arrangements (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)11 December 2003 (1) ((Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Price fixing – Proof of participation in a cartel – Duration – Error of assessment as to the facts)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 2 July 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) Cooke García-Valdecasas Lindh H. Jung P. Lindh Registrar President 1 – Language of the case: Greek.