Division (22)

Christie’s was the first to inform the Commission of the existence of the cartel and to adduce decisive evidence, without which the cartel might not have been disclosed. At the time of disclosure of this information, the Commission had not undertaken an investigation nor did it have in its possession sufficient information to establish the existence of the cartel. Further, Christie’s had ended its involvement in the cartel, by confirming to the Commission that no contacts with Sotheby’s were taking place in relation to the reported conduct and by issuing its public announcement about the new vendor’s commission scheme only a few days after submitting the evidence to the Commission. Furthermore, it has continuously cooperated with the Commission and it has not been determined that it has compelled Sotheby’s to take part in the cartel or played, as compared to the participation of Sotheby’s, a determining role in the cartel.