Gentlemen Agreement Signification

108. However, a review of Hitachi`s letter did not reveal that the Tribunal had falsified the facts. Indeed, it is expressly stated that Hitachi accepts the conclusions contained in the communication of grievances concerning the existence and scope of the gentlemen`s agreement. However, It is clear from Toshiba`s response to the communication of grievances which the Commission has already raised, in the communication of grievances, the question of Hitachi`s acceptance of three contracts on the European market. 13. The Commission has characterized this gentlemen`s agreement as restricting competition by object. 135. On the contrary, these documents raise doubts about Toshiba`s future participation in future meetings and, pending this decision, the confirmation of the gentlemen`s agreement. 67. The economic and legal context is intended to assist the competent authority in understanding the economic function and the actual meaning of the agreement for the consideration of the alleged restriction.

29. Moreover, the Tribunal considers that the Commission has properly based itself on the presumption that, in the absence of the gentlemen`s agreement, the market shares held by Japanese producers in the world market would have been equivalent to those of Japanese producers. 16. In addition, the Commission took into account the fact that during the reference period companies met once or twice a year, and the meetings were held in Malaga from 9 to 11 June 1999, Singapore on 29 May 2000, Lisbon from 29 October to 1 November 2000, in Tokyo on 29 and 30 May 2001 Lisbon on 18 and 19 February 2002. , 26 and 27 September 2002 in Vienna (the “Vienna meeting”) and 15-16 May 2003 in Zurich (`The Zurich Meeting`). The Commission considered that these meetings were aimed, among other things, at confirming the gentlemen`s agreement. 116. The Tribunal notes, in 208 of its judgment, that due to the creation of the joint venture TM T-D, Toshiba`s participation in future meetings had yet to be decided.

The Tribunal concludes from some documents that, although Toshiba excluded individual participation, the other participants made it clear that without them, there was no longer any interest in maintaining the gentlemen`s agreement.

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