Europe

Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) prohibited agreements and concerted practices between undertakings which had an anti-competitive object or effect and which might affect trade between member states. An infringement of Art 101(1) TFEU might result not only from isolated agreements or concerted practices which fell to be penalised as separate infringements, but also from a series of acts or from continuous conduct, the components of which might therefore justifiably be considered to be constituent elements of a single infringement. So far as concerned, in the first place, the finding of a single infringement, it was for the Commission to establish that the agreements or concerted practices in issue, although they related to distinct goods, services or territories, formed part of an overall plan knowingly implemented by the undertakings in question with a view to achieving a single anti-competitive objective. As regards, in the second place, the finding that an undertaking had participated in a single