IN THE NEWS
ECJ dismisses appeal in synthetic rubber cartel case
The ECJ has dismissed an appeal by Versalis against a General Court judgment which largely upheld the fines imposed by the European Commission for Versalis' participation in the synthetic rubber cartel. It was held that the General Court was right in concluding that the Commission had correctly attributed liability to Versalis for the infringements of Enichem. Eni had not provided sufficient evidence to rebut the presumption of exercise of actual decisive influence. It was further held that the General Court had not erred in its assessment of the fine imposed by the Commission. Click here.
General Court judgment on Fluorsid/Minmet ppeal against Commission decision in aluminium fluoride cartel
The General Court has delivered its judgment on an action brought by Fluorsid and Minmet Co against the European Commission's decision to impose fines for breach of Article 101(1) TFEU following their participation in an illegal price-fixing cartel in respect of aluminium fluoride. Minmet's appeal against the decision as addressed to Minmet was held to be inadmissible since it was brought out of time. Fluorsid/Minmet's appeal against the decision as addressed to Fluorsid was rejected it in its entirety, since it was held that the Commission had proved the existence of a price-fixing agreement to the requisite legal standard, had not breached Fluorsid/Minmet's rights of defence in any way and the had not erred in its application of the fining guidelines. Click here.
General Court judgment on ICF appeal against Commission decision in aluminium fluoride cartel
The General Court has delivered its judgment on an action brought by Industries Chimiques du Fluor SA (ICF) against the European Commission's decision to impose fines for breach of Article 101(1) TFEU following their participation in an illegal price-fixing cartel in relation to aluminium fluoride. The appeal was rejected in its entirety, since it was held that the Commission had proved to the requisite legal standard the existence of a price-fixing agreement, had not breached ICF's rights of defence in any way and had not erred in its application of the fining guidelines or in deciding not to apply the competition rules in the Euro-Mediterranean Agreement with Tunisia. Click here.
EU
Articles 101 and 102
- The ECJ has delivered a ruling which held that an undertaking which has infringed Article 101 TFEU may not escape imposition of a fine despite having acted upon legal advice given by a lawyer or having relied upon the decision of a national competition authority. Click here.
- The European Commission has closed its investigation into whether the standardisation process for payments over the internet (e-payments) undertaken by the European Payments Council (EPC) infringes Article 101 TFEU. Click here.
- The European Commission has begun a market test of the commitments offered by Visa Europe to address concerns about its inter-bank fees for credit cards. Click here.
- The Commission Communication on quantifying harm in actions for damages based on Articles 101 or 102 TFEU has been published in the Official Journal. Click here.
UK
Competition Appeal Tribunal
- The CAT has published a notice of an application by Global Radio Holdings Limited for review of the CC's decision to require it to divest radio stations in seven areas of the UK following its acquisition of GMG Radio Holdings Limited. Global Radio submits that the CC erred in law in its understanding and application of the requirement to find a 'substantial' lessening of competition. Click here.
- The CAT has published a notice of an application by Groupe Eurotunnel S.A. for review of the CC's decision prohibiting it from operating ferries at the port of Dover within a specified period. GET submits that the CC did not act fairly by failing to provide important parts of its provisional findings and key evidence it relied upon, thereby materially compromising GET's ability to defend itself. Click here.
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