Judgment of the Court of First Instance (First Chamber) 23 February 1994

In Joined Cases T-39/92 and T-40/92,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber), composed of: R. Schintgen, President, R. Garcia-Valdecasas, H. Kirschner, B. Vesterdorf and K. Lenaerts, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 22 September 1993,

gives the following

Judgment

Facts

The Package Deal Agreement

The Helsinki Agreement

The administrative proceedings relating to the Package Deal Agreement

The administrative proceedings relating to the Helsinki Agreement

The contested decision

Procedure and forms of order sought by the parties

The action in Case T-40/92

Arguments of the parties

Assessment by the Court

The action in Case T-39/92

First plea in law: infringement of Article 85(1) of the Treaty

The price-fixing agreement

— Arguments of the parties

— Assessment by the Court

The definition of the relevant market

— Arguments of the parties

— Assessment by the Court

Second plea in law: infringement of Article 85(3) of the Treaty

Arguments of the parties

Assessment by the Court

Third plea in law: infringement of the rights of the defence

Arguments of the parties

Assessment by the Court

Fourth plea in law: infringement of Article 15(2) of Regulation No 17

Arguments of the parties

Assessment by the Court

Costs

1 Language of the case: French.