The Slovakian Supreme Court rules that holding a successor liable under the economic continuity test does not constitute circumstances which warrant a reduction of the fine imposed (ZS Cargo)

On 26 October 2010, the Slovak Supreme Court as the final instance rejected the appeal made by the Slovak state-owned rail cargo incumbent, Zeleznicna spolocnost Cargo Slovakia, a.s.(“ZS Cargo”), against the first and second instance decision of the Slovak Competition Authority which imposed on it a fine of approx. € 2.5 M for abuse of its dominant position. This ruling saw the Supreme Court depart from its previous practice of reducing the fines imposed on the successor under the economic continuity test, thereby aligning Slovak case-law with that of the Commission and the EU courts. Furthermore, it was the first time ever that the Commission submitted an amicus curiaebrief in antitrust proceedings before a Slovak court. I. Previous stages of the case On 3 July 2006, the Slovak

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Igor Augustinič, The Slovakian Supreme Court rules that holding a successor liable under the economic continuity test does not constitute circumstances which warrant a reduction of the fine imposed (ZS Cargo), 26 October 2010, e-Competitions Bulletin Amicus curiae, Art. N° 34060

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