«(Competition law – National legislation anti-competitive – National competition authority's power to declare such legislation inapplicable – Circumstances in which undertakings not answerable for anti-competitive conduct)»

1.. Competition – Community rules – Obligations of the Member States – National law making compulsory or facilitating conduct on the part of undertakings which is contrary to Community rules – Duty of the national competition authority not to apply the law – Power to impose penalties on undertakings for conduct made compulsory by national law – None – Power to impose penalties for conduct taking place after the decision finding there to have been a breach of Article 81 EC and for past conduct facilitated or encouraged by national law (Arts 10 EC and 81(1) EC)

2.. Competition – Community rules – Obligations of the Member States – National law conferring power to fix the retail selling prices of a product on a ministry and power to allocate production between undertakings on a consortium to which the relevant producers are obliged to belong – Possibility of competition between undertakings – Assessment in each specific case of whether undertakings have acted autonomously (Art. 81(1) EC)

JUDGMENT OF THE COURT 9 September 2003 (1)

((Competition law – National legislation anti-competitive – National competition authority's power to declare such legislation inapplicable – Circumstances in which undertakings not answerable for anti-competitive conduct))

In Case C-198/01,

REFERENCE to the Court under Article 234 EC by the Tribunale amministrativo regionale per il Lazio (Italy) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 81 EC,

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporteur) and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: F.G. Jacobs,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of the Consorzio Industrie Fiammiferi (CIF), represented by G.M. Roberti, F. Lattanzi and A. Franchi, avvocato, of the Autorità Garante della Concorrenza e del Mercato, represented by S.M. Carbone, and of the Commission, represented by L. Pignataro, at the hearing on 24 September 2002,

after hearing the Opinion of the Advocate General at the sitting on 30 January 2003,

gives the following

On those grounds,

THE COURT,

in answer to the questions referred to it by the Tribunale amministrativo regionale per il Lazio by order of 24 January 2001, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Timmermans

Gulmann

Edward

La Pergola

Jann

Skouris

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 9 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President