Tuesday, March 30, 2010
Posted by D. Daniel Sokol
Romano Subiotto, Georgina Eclair-Heath and Itai Rabinovici (Clearly Gottlieb) explain the Key Features of 2009 Cartel Cases.
ABSTRACT: Key points
- In 2009, the European courts have generally
refrained from annuling cartel decisions adopted by the
- They have accepted, in most cases, the fine imposed
by the commission.
- They have confrmed that fines can be calculated on
the basis of the turn over realised by mother companies.
The European Court of Justice (ECJ) has annulled only a handful of European Commission Article 101 TFEU (ex Article 81 EC Treaty) decisions in 2009. Indeed, it has seemingly only done so where there has been a clear violation of an undertaking's fundamental rights, such as the right to equal treatment or the right to be heard.