Wednesday, June 19, 2013
Posted by D. Daniel Sokol
Peter D. Camesasca, Johan Ysewyn (Clifford Chance), Thomas Weck and Brian Bowman ask Cartel Appeals to the Court of Justice: The Song of the Sirens?
ABSTRACT: This article reviews the cartel precedent of the General Court and the European Court of Justice to quantify the chances of success on appeal. It still appears most promising to direct the appeal mainly against the reasoning underlying the fining decision, in particular where the latter was increased for reason of aggravating circumstances or for deterrence. For factual or substantial pleas, clients should—to the extent possible—develop a convincing ‘story’ establishing why the purported infringement they are accused of did not exist at all, or only existed to a lesser extent. As regards procedural matters, they should focus on clear violations of their rights—for example unequal treatment.