Division (9)

It is settled case-law that, for the purpose of applying Article 81(1), of the Treaty, there is no need to take account of the actual effects of an agreement once it appears that its aim is to prevent, restrict or distort competition within the common market. Since the agreement at issue in this case had as its object the restriction of competition by requiring a freeze on acquisitions and by establishing equilibrium between the parties’ integrated distribution networks, the Commission concludes that there is an infringement within the meaning of article 81 of the Treaty even if the agreement did not produce any effects.