Regarding concerted practices, important to
distinguish concerted practice from natural market behaviour.
Alleged concerted practices in dyestuffs industry.
Firms circulating predicted future price rises in advance
One firm would then raise prices and other would
follow within days.
Firms argued any identity of price was result of
oligopolistic nature of market.
ECJ found evidence of concerted practice.
Defined concerted practice as:
‘Co-ordination … which, without having reached the
stage where an agreement properly so-called has been concluded, knowingly
substitutes practical co-operation … for the risks of competition’.