C-279/87

OPINION OF MR VAN GERVEN — CASE C-279/87

hindered, leads to separate national 246/86 Belasco v Commission [1989] markets being maintained artificially, ECR2117). contrary to the Treaty, and is therefore such as to infringe Article 85(1) thereof. 3. Article 15(2) of Regulation No 17 2. It is not necessary for an undertaking to contains no territorial limit in regard to have been aware that it was infringing the turnover of undertakings which have the competition rules in the Treaty for an infringed the competition rules which is infringement to be regarded as having to be taken into account in determining been committed intentionally; it is the amount of the fine to be imposed on sufficient that it could not have been them, so that the Commission cannot be unaware that the contested conduct had required to take account only of the total as its object the restriction of competition turnover realized on the market in which (judgment of 11 July 1989 in Case the infringement was committed.

OPINION OF THE ADVOCATE GENERAL

Mr Advocate General Van Gerven delivered his Opinion on 1 June 1989. * He proposed that the Court should:

(i) dismiss the application;

(ii) order the applicant to pay the costs.