Judgment of the Court (Seventh Chamber) of 28 November 2019.LS Cable & System Ltd v European Commission.Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel.Case C-596/18 P.

Judgment // 28/11/2019 // 2 min read
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Judgment of the Court (Seventh Chamber) of 28 November 2019 — LS Cable & System v Commission

(Case C‑596/18 P) ( 1 )

(Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel)

  1. Agreements, decisions and concerted practices — Agreements between undertakings — Concept — Participation in meetings having an anti-competitive object — Included — Condition — Undertaking concerned not distancing itself from the decisions adopted

(Art. 101(1) TFEU; EEA Agreement, Art. 53)

(see paras 21-23)

  1. Appeal —Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Need to establish a manifest error of assessment

(Art. 256(1), second para., (d), TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 24, 25, 38)

  1. Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility

(Art. 256(1), second para., (d) TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 30-32)

  1. Appeal — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection

(Art. 256(1), second para., (d)., TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 37)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders LS Cable & System Ltd to pay the costs.

( 1 ) OJ C 427, 26.11.2018.

Competition