“… could have adverse ramifications for that company in the market place which also militates against a conclusion that a sub-optimal evaluation suffices (see eg Case T-442/08 CISAC (12th April 2013) at paragraph [95]); and (v), a finding of infringement by way of the decision of a competition authority can result in statutory follow…”
“… and another piece of evidence suggesting that the price is fair, it cannot possibly, consistently with the authorities (e.g. [91]-[97] of CISAC v. Commission (Case T-442/08) EU:T:2013:188 [2013] 5 C.M.L.R. 15), close its eyes to the latter and say that it can find against the undertaking on the basis of a rigid construction of the…”