Tuesday, March 30, 2010

Key Features of 2009 Cartel Cases

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 European Commission.
  • 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.


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