the opening by the Commission of a proceeding against a cartel under Chapter III of Regulation No 1/2003 does not, pursuant to Article 11 (6) of Regulation No 1/2003, read in combination with Article 3 (1) of the same regulation, cause the competition authority of the Member State concerned to lose its power, by the application of national competition law, to penalise
the anti-competitive effects produced by that cartel in the territory of the said Member State during periods before the accession of the latter to the Union.