EU

Where an undertaking could be held responsible for some of the forms of anti-competitive conduct comprising a single and continuous infringement, but where that was not the case in respect of other forms of anti-competitive conduct, because the Commission had failed to prove to the requisite legal standard that that undertaking had been aware of that other anti-competitive conduct adopted by the other participants in the cartel in pursuit of the same objectives, or could reasonably have foreseen that conduct and had been prepared to take the risk, the courts of the EU should confine themselves to partial annulment of the contested decision. However, in order for annulment, even partial, to be possible, it was also necessary that the conduct in respect of which the undertaking’s liability was not established be sufficiently severable from each of the other forms of unlawful conduct found in the Commission’s decision in order to be the subject of an autonomous finding, without, however, its being