JUDGMENT OF 14.7.1972 — CASE 57/69 ACNA v COMMISSION

In Case 57/69

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 facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Preliminary matters

1. The effect of limitation on the infringement at issue, in so far as it relates to the price increase which took place in 1964

2. Infringement of essential procedural requirements relating to the procedure for establishing infringements under Article 85 of the Treaty

B — Substance

1. Infringement of Article 85 of the Treaty and of the principles and provisions of Regulation No 17/62 of the Council

2. The situation on the Italian market and the position of the applicant undertaking

3. The excessive amount of the fine

IV — Procedure

Grounds of judgment

Submissions relation to procedure and to form

Submissions concerning the administrative procedure

(a) The complaint concerning the initiation of the administrative procedure

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

(c) The complaint concerning the disparities between the contested decision and the notice of objections

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 increase of 1964

The effect of the concerted practice on trade between Member States

The fine

Costs