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Competition Law

Analysis - debate - current awareness

04 JUL 2011

Limitation period for imposition of fines

On 4 July, the European Commission repealed its decision of 11 November 2009 in the heat stabilisers cartel in respect of two of the companies involved, Ciba/BASF and Elementis. The Commission's decision had to be repealed following the judgment of the European Court of Justice in ArcelorMittal (Case C-201/09 and C-216/09) which clarified that proceedings brought against investigative measures or decisions of the Commission suspend the running of time for the purposes of calculating the limitation period (under Art 25(6) of Council Regulation (EC) No 1/2003) only for the party or parties bringing such proceedings.

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