The EU Court of Justice dismisses appeal against a judgment of the General Court which upheld the European Commission’s decision finding a compagny participated in an illegal price-fixing cartel (Exotic Fruits cartel case)

On 27 April 2017, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by banana importer Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”), which upheld the European Commission’s decision finding that Pacific Fruit had participated in an illegal price-fixing cartel for bananas sold in Greece, Italy and Portugal. In particular, the ECJ rejected Pacific Fruit’s challenge to the Commission’s reliance in its decision on documents collected and transmitted by the Italian customs and finance police, on the grounds that the company had not established that such transmission, whose lawfulness is gov- erned by national law, had been declared unlawful by a national court (see Section 1.2). In addition, the ECJ confirmed that Pacific

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Richard Burton, The EU Court of Justice dismisses appeal against a judgment of the General Court which upheld the European Commission’s decision finding a compagny participated in an illegal price-fixing cartel (Exotic Fruits cartel case), 27 April 2017, e-Competitions Bulletin April 2017, Art. N° 84306

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