Where there had been a meeting between competing companies, and where the purpose of the meeting was anti-competitive, the unilateral disclosure by only one company of its pricing plans did not mean that there could be no question of an agreement or concerted practice under Art 85. The presence at the meeting with an anti-competitive purpose eliminated advance uncertainty about the future behaviour of its competitors, and the company would use other information it itself gained in order to determine its own future plans.
Times 03-Sep-2001, T-204/98, T-207/98, T-202/98
EC Treaty Art 81 (formerly art 85)
European
Updated: 20 August 2021; Ref: scu.162931