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NFA 2017 - EN
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The Advocate General Wahl considers that agricultural producers’ organisations may be held liable under EU competition law (French Endive cartel)

Key words

Anticompetitive practices - Cartel - Preliminary ruling (Art. 267 TFEU) - Prices - Liability (personal) - Agriculture / Food products

On 6 April 2017, Advocate General (“AG”) Wahl issued an opinion on a preliminary reference from the French Supreme Court arising from the Endive cartel investigated by the French Competition Authority. In his opinion, the AG con- siders that agricultural producers’ organisations and their associations may be held liable under EU competition law in specific circumstances. The underlying case relates to a 2012 decision adopted by the French Competition Authority, in which it fined a number of endive producers’ organisations and associations a total of € 4 million for their involvement in a price-fixing, output restriction and market-sharing cartel. The organisations and associations concerned appealed against the authority’s decision, arguing that they had a responsibility, under EU law, to

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Abstract

Quotation :

Richard Burton, The Advocate General Wahl considers that agricultural producers' organisations may be held liable under EU competition law (French Endive cartel), 6 April 2017, e-Competitions Bulletin April 2017, Art. N° 83823

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176 (french and english version)