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Competition Law

Analysis - debate - current awareness

28 OCT 2011

Appeals to the ECJ of cases under the 2006 Guidelines on the method of setting fines

Appeals on cartel cases decided under the 2006 Guidelines are now coming before the General Court, and the first appeals against decisions of the General Court have recently been lodged with the European Court of Justice (ECJ).  The General Court has to date generally upheld the Commission’s application of the 2006 Guidelines.

FFW produces the EU Cartels Digest published by Jordans.  The EU Cartels Digest analyses trends and patterns in Commission Decisions made under the 2006 Guidelines on the method of setting fines.  See the link below for further information.

http://www.jordanpublishing.co.uk/online-services/competition/eu-cartels-digest

In relation to the international removal services cartel case, details have recently been published of three appeals lodged with the ECJ. Gosselin Group NV has lodged an appeal claiming that the General Court erred in its assessment of the restrictive nature and effects of the cartel practices and also in the calculation of the fine (the General Court reduced Gosselin’s fine from €3.28 million to €2.32 million on basis of duration of participation error by the Commission).  The Commission has lodged two appeals, in the Gosselin and Stichting case (in relation to parental liability) and in the Verhuizingen Coppens case (the Commission claims that the General Court erred in annulling its whole decision).

Claire Brinn

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