Cartels European Commission

News & Analysis as of

Ad hoc Local Leniency Application Makes the Difference: The Italian Council of State Upholds the Administrative Court of Lazio...

On 20 October 2016, the Italian Council of State (the “Council of State”) upheld the judgment of the Administrative Court of Lazio (“TAR”) on the cartel in the sector of international road freight forwarding to and from Italy...more

Brussels Regulatory Brief: October

The European Commission (“Commission”) has recently imposed a record fine of EUR 2.93 billion on some of the largest truck producers for their involvement in a cartel lasting 14 years and covering the entire European Economic...more

UK Antitrust Class Actions Start to Get Going

Brussels Antitrust/Competition partner (and English lawyer) Matthew Hall brings us an update on antitrust class actions filed under new procedures in the UK. Antitrust class actions in the UK are beginning to take hold...more

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

2016 Mid-Year Global Cartel Enforcement Report

Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition...more

European truck cartel’s €2.93 billion in fines may just be the beginning

The European Commission on Tuesday announced its decision finding truck makers MAN, Volvo/Renault, Daimler, Iveco, and DAF liable for violating EU antitrust rules. The companies acknowledged that for 14 years they colluded...more

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

Claims for cartel damages limited by the UK High Court

On 23 May 2016, the Chancery Division of the UK High Court of Justice handed down judgment in the case Iiyama Benelux BV and others v Schott AG and others [2016] (“the Iiyama case”) and held that claims for cartel damages...more

General Court of the EU Dismisses Trioplast Application Seeking Reimbursement of Interest Paid for Being Late in Paying Cartel...

With a judgment handed down on 12 May 2016 (Case T-669/14, Trioplast Industrier AB v. European Commission), the General Court of the European Union (GCEU) dismissed an action brought by Trioplast Industrier AB (Trioplast...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

EU & Competition Law Update – April 2016

European Union: EU Commission maintains close scrutiny of retail geo-blocking - On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a...more

CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings

The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the...more

European Commission Proposes Non-renewal of the Insurance Block Exemption Regulation

The European Commission has recently issued a Report announcing its preliminary view that the Insurance Block Exemption Regulation (“IBER”) should not be renewed when it expires on March 31, 2017. The IBER provides an...more

CJEU Reaffirms Independence of EU and Member States Leniency Programs

The Court of Justice of the EU (“CJEU”) recently issued a seminal preliminary ruling on the relationship between EU leniency programs and the leniency programs of Member States. The CJEU reaffirms that EU and Member State...more

The EU Commission Should Provide Concrete Reasons for Requesting Information

The statement of reasons of a decision requesting information from a company must be appropriate and disclose the purpose of the request so that the company can provide the Commission with the information necessary to that...more

EU Court of Justice Reduces Cartel Fine: General Court of the EU Exceeded its Jurisdiction

The Court of Justice of the European Union (Court),the EU’s highest court, recently issued a judgment in case C-603/13 P, Galp Energía España SA and others v Commission, reducing the fine imposed on certain companies that...more

EU & Competition Law Update - February 2016

EU and national leniency applications independent rules ECJ - On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the...more

EU Court Affirms Independence of EU and National Leniency Programs

On January 20, 2016, the Court of Justice of the European Union issued a judgment reaffirming the independence of the cartel immunity and leniency regimes of the EU and member states. The ruling reasserts the obligation of...more

General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based...

By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the...more

EU and National Leniency Applications Independent Rules ECJ

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

McDermott EU Competition Annual Review 2015

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

Airfreight cartel decision grounded, sky-high fines annulled

On 16 December 2015, the General Court of the European Union overturned the European Commission’s 9 November 2010 Airfreight decision (Case C.39258) and, in doing so, annulled one of the largest fines imposed in EU...more

EU General Court Overturns EU Commission’s Decision to Fine Airlines €790 Million in Connection with Price-Fixing Cartel

On December 16, the General Court of the European Union, the second highest court in the EU, overturned the decision of the European Commission, the EU’s competition authority, to fine 11 airlines a total of €790 million...more

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