JUDGMENT OF 14.7.1972 — CASE 51/69 BAYER v COMMISSION

In Case 51/69

THE COURT composed of: R. Lecourt, President, J. Mertens de Wilmars and H. Kutscher, Presidents of Chambers, A. M. Donner, A. Trabucchi (Rapporteur), R. Monaco and P. Pescatore, Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Statement of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Submissions as to form

1. General considerations

2. Complaints concerning the commencement of the procedure

3. Failure to inform the applicant of the essential elements of fact alleged against it

4. Complaints concerning the communication of the notice of objections before the inquiries were concluded

5. Complaints concerning the hearing

6. Complaint concerning the minutes of the hearing of 10 December 1968

7. Complaint that the decision contains new arguments of fact

B — The period of limitation in relation to the facts of 1964 and 1965

C — Substantive submissions

1. Complaint concerning the criterion of the effect on trade between Member States

2. Complaints concerning the understanding of the special characteristics of the market in the products in question

3. The concept of a concerted practice

4. Complaints concerning the evidence put forward by the defendant

(a) Concerning the increase of January 1964

(b) Concerning the increase of January 1965

(c) Concerning the increase of October 1967

5. Complaints concerning the fine

IV — Procedure

Grounds of judgment

Submissions relating to procedure and to form

The submissions concerning the administrative procedure

(a) The complaint relating to the commencement of the administrative procedure

(b) The complaint relating to a failure to inform the applicant of essential elements of fact

(c) The complaint relating to a continuation of inquiries following notification of the objections

(d) The complaint concerning the hearing of the undertakings concerned

(e) The complaint relating to the minutes of the hearing of the undertakings concerned

The submission as to the limitation period

Substantive submissions as to the existence of concerted practices

Arguments of the parties

The concept of a concerted practice

The characteristic features of the market in dyestuffs

The increases of 1964, 1965 and 1967

The effect of the concerted practice on trade between Member States

The fine

Costs