A Single and Continuous Infringement

Case law has given rise to the concept of a single and continuous infringement providing for the consolidation of all actions and undertakings supporting an infringement into one, including those with a limited affiliation or effect. This has created a doctrine with immense practical relevance alleviating the burden of proof. Enforcers ‘only’ have to establish an overall anti-competitive plan that is not entirely unknown for the possible members and how they have endorsed central elements willingly. Issues remain open, eg, if the doctrine is confined to horizontal coordination, by object infringements and if it can accommodate several parallel single and continuous infringements. It even appears that the Commission occasionally pushed the doctrine to the limits commanding some scientism against elements of the doctrine.