Court of Justice (Sixth Chamber) 8 July 1999, C-49/92 P (Commission of the European Communities v Anic Partecipazioni SpA.)

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In an appeal and cross-appeal arising from Commission Decision 86/398/EEC regarding anti-competitive arrangements in the polypropylene market, the Court of Justice examined the legal characterisation of a complex single infringement under Article 85(1) of the EC Treaty (now Article 81 EC) and the attribution of liability to participating undertakings. The Court held that an undertaking participating in a single infringement through its own conduct may be held co-responsible for conduct put into effect by other participants in the context of the same infringement if it was aware of that conduct or could reasonably have foreseen it and was prepared to accept the risk. Consequently, the Court annulled the second and third indents of point 1 of the operative part of the Court of First Instance's judgment, dismissed Anic's cross-appeal, and, exercising its unlimited jurisdiction, set the fine imposed on Anic at ITL 662 215 500.AI