The High Court of Cassation and Justice ruled on the offence of “facilitation” of anti-competitive conduct by provision of a platform for the exchange of information.
In the case of a facilitator of anti-competitive conduct who is not present on the same market as the participants in the alleged anti-competitive conduct, the standard of proof to be provided by the competition authority is higher, in line with the reasoning set out by the High Court of Cassation and Justice.
Thus, in addition to showing that the facilitator was aware of the concerted practice or could have foreseen it, it must also be shown that the facilitator actively contributed, by his own conduct, to the objectives pursued by the participants.
The High Court of Cassation and Justice ruled on the offence of “facilitation” of anti-competitive conduct by provision of a platform for the exchange of information.
In its analysis, the High Court addressed the issue of the standard of proof to be met by the Competition Authority in order to hold legally liable an association of undertakings which does not carry out an economic activity in the relevant market in which the restriction of competition manifests itself or is intended to manifest itself.
According to the reasoning of the High Court of Cassation and Justice, in the case of a facilitator who is not present on the same market as the participants in an alleged anti-competitive act, the standard of proof is higher, as it is necessary to prove, not only that the facilitator was aware of the concerted practice or could have foreseen it, but also that it actively contributed, through its own conduct, to the objectives pursued by the participants.
Thus, unlike the case of a participant in an anti-competitive practice where mere participation in an alleged anti-competitive meeting is sufficient to prove an infringement of competition (if corroborated by other evidence), in the case of facilitation of an anti-competitive practice it is also necessary to prove the active contribution, and merely the purely administrative, organizational role.
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