Category Archives: Fines

Joined Cases T-539/12 and T-150/13 Ziegler v Commission: Damages for a cartel decision

Here’s another twist in the saga of the removal services case. And rather a cheeky one too ! Two undertakings that the Commission found in its decision to have participated in an illicit cartel in breach of Article 101 TFEU sued the Commission in damages …. for adopting that decision ! In its judgment of 15 January 2015 in Joined Cases T-539/12 and T-150/13 Ziegler SA and Ziegler Relocation SA, EU:T:2015:15 the General Court dismissed the claim.

Here’s the story.  Continue reading

C-580/12 P Guardian Industries: Reduction of competition fine on appeal

The judgment of the Court of Justice of 12 November 2014 in Guardian Industries Corp and Guardian Europe Sarl v Commission, C-580/12 P, EU:C:2014:2363, is a rare instance of the Court of Justice on appeal reducing the amount of a fine imposed for the breach of the competition rules that had been upheld at first instance by the General Court. Continue reading

Case C-408/12 P YKK Corporation and others v Commission: Calculation of competition fine, 10% legal ceiling and parent-subsidiary liability

The Court of Justice does not often interfere, on appeal, with the way fines for competition cases are calculated and scrutinised by the General Court. It will do so, however, if an error of law is made, for example.

In Case C-408/12 P YKK Corporation and others v Commission  EU:C:2014:66 the Court of Justice did find an error and it did readjust the amount of the fine imposed on a company for infringing the competition rules. Here’s what happened….

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Joined Cases C-247/11 P and C-253/11 P Areva: Competition fines, parent and subsidiary and joint and several liability

The Court of Justice has handed down three judgments relating to fines imposed on a number of undertakings involved in the gas insulated switchgear cartel. There’s an interesting and distinct point in each judgment so we’ll write about them separately.

First off will be the judgment in Joined Cases C-247/11 P and C-253/11 P Areva EU:C:2014:257. That judgment contains some interesting points about what constitutes an “undertaking” and the concept of joint and several liability of a parent company for fines for infringements of competition law committed by a subsidiary in the event of succession of companies and transfer of subsidiaries between parents.  Continue reading