Van Bael & Bellis (Brussels)

Barbara Monti

Van Bael & Bellis (Brussels)

Barbara Monti is an associate in the antitrust and EU competition team in Brussels and advises clients on all aspects of European and French/Belgian competition law from a broad range of sectors. Her practice focuses on the technology, internet, consumer brands, and energy sectors including renewable energy, market manipulation, and abuse of dominant position. She regularly counsels on vertical agreements and merger control. Her previous experience allowed Ms. Monti to gain a significant knowledge of the French Competition Authority and compliance program.

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Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis
Van Bael & Bellis (Brussels)


1639 Bulletin

Andreas Reindl, Margot Vogels, Barbara Monti, Victor-Emanuel Ion The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)


Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

Giovanni Pregno, Barbara Monti, Andreas Reindl The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)


On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

Andreas Reindl, Margot Vogels, Barbara Monti The EU General Court confirms that “self-preferencing” by a Big Tech company can infringe Article 102 TFEU (Google Shopping)


On 10 November 2021, the European General Court (“EGC” or “Court”) delivered its landmark Google Shopping judgment, the first judicial pronouncement on “self-preferencing” as a viable theory of harm under Article 102 TFEU. The EGC fully endorsed the European Commission’s (“Commission”) decision that (...)

Barbara Monti, Michael Clancy, David Hull The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis)


On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

Johan Ysewyn, Barbara Monti The French Competition Authority prohibits a merger in the food retail market (Soditroy / Association des Centres Distributeurs E. Leclerc / Géant Casino)


The French Competition Authority (“FCA”) prohibited the proposed acquisition of the hypermarket retailer Géant Casino by its competitor E.Leclerc in the French city of Troyes. It found that the transaction would create a duopoly between the two remaining hypermarkets, Carrefour and E.Leclerc, (...)

3217 Review

Barbara Monti Rule of law: The General Court of the European Union annuls the European Commission’s decision to reject a complaint in favor of a national competition authority for not having examined concretely and precisely the evidence of the alleged infringement of the requirements of the rule of law (Sped-Pro)


In this case, for the first time, the General Court of the European Union analyzes the impact of systemic or generalized failures of the rule of law in an EU Member State on the determination of which competition authority is best placed to examine a complaint. At the origin of this judgment, (...)

Barbara Monti Hybrid proceedings: The General Court of the European Union rules out that the outcome of a settlement procedure can, in itself, prejudge the position of the European Commission in an ordinary administrative procedure concerning the same facts (Scania)


This case follows the Commission’s decision in the so-called "trucks" cartel (Comm. eur., Sept. 27, 2017, Dec. C(2017) 6467 final, aff. AT.39824 - Trucks). With this decision, it found that several companies belonging to the applicants’ group had violated the antitrust rules. The decision was (...)

Barbara Monti Annulment: The General Court of the European Union annuls the European Commission’s decision rejecting a complaint for not allowing the complainant to comment on one of the grounds for rejecting his complaint (Polskie Górnictwo Naftowe i Gazownictwo)


On the same day, the European Court of First Instance handed down two judgments in the wake of the Commission’s decision concerning certain practices implemented by the Gazprom company. The first judgment, under chronicle, annuls the Commission’s decision rejecting the complaint lodged by a (...)

Barbara Monti Payment of default interest: The General Court of the European Union requires the European Commission to pay default interest following the reduction of a fine (Deutsche Telekom)


The Commission had fined the applicant for abuse of its dominant position (Eur. Comm., Oct. 15, 2014, Dec. C(2014) 7465 final, Case AT.39523 - Slovak Telekom, corrected by Dec. C(2014) 10119 final and by Dec. C(2015) 2484 final). Although challenging this decision, the applicant had paid the (...)

Alexandre Lacresse, Barbara Monti Jurisdiction: The Court of Justice of the European Union rules that a national court has jurisdiction to apply Article 101 TFEU and Article 53 of the Agreement on the European Economic Area in a private law dispute for damages for facts occurring before the entry into force of Regulation 1/2003 (Stichting Cartel Compensation et al.)


At the beginning of this preliminary ruling, the European Commission had sanctioned 19 legal entities for having coordinated their tariff policies in the air freight sector between 1999 and 2006 (Comm. eur., dec. 17 March 2017, Fret Aérien, AT.39258, OJ C 188, p. 14-19). This decision was taken (...)

Alexandre Lacresse, Barbara Monti Competence: The Court of Justice of the European Union has ruled that, in the absence of a specialised national court, the court with jurisdiction to hear actions for compensation for anti-competitive damage is the court in whose jurisdiction the claimant purchased the goods or the court in whose jurisdiction the claimant’s registered office is located if the goods were purchased in several places (RH / Volvo)


The questions raised by the jurisdiction of national courts to hear actions for damages for anti-competitive practices continue to give rise to abundant case law, which nevertheless tends towards greater clarification as to the fate of litigants (see CJEU, 21 May 2015, Cartel Damage Claims (...)

Alexandre Lacresse, Barbara Monti Dawn raids: The European Court of Human Rights decides to question parties who consider themselves deprived of effective judicial review following inspections carried out by the European Commission on French territory (Casino)


The present case once again calls into question the effectiveness of the judicial remedy, particularly in France, available to undertakings which have been the subject of inspections carried out by the European Commission with the assistance of the national competition authority of a Member (...)

Alexandre Lacresse, Barbara Monti Inspections: The General Court of the European Union partially annuls the inspection decisions of the European Commission due to insufficiently strong evidence leading to the suspicion of the existence of a cartel (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)


After three particularly developed judgments, the Court of First Instance returned to the Commission’s powers of inspection, the degree of formalism expected in relation to the evidence on which an inspection decision is based, and the protection of the material seized and the data copied under (...)

Alexandre Lacresse, Barbara Monti Inadmissibility: The General Court of the European Union upholds the decision of the European Commission rejecting a complaint when certain practices of which have already been dealt with by a National Competition Authority (LL-Carpenter)


Ten years of proceedings is how long it took to foresee the closure of this case, which allows the Commission to reconsider its powers to reject complaints where, under Article 13(2) of Regulation 1/2003, a complaint is ’already being dealt with by another competition authority’. It all began in (...)

Alexandre Lacresse, Barbara Monti Interim measures: The European Commission for the first time imposes interim measures in TV and modem chipset markets since the entry into force of Regulation 1/2003 (Broadcom)


It took 18 years for the European Commission to issue provisional measures on the basis of Article 8 of Regulation No 1/2003. Indeed, the last time the Commission imposed interim measures was in 2001 in the IMS Health case (EC Commission, press release IP/01/941 of 3 July 2001, The Commission (...)

Alexandre Lacresse, Barbara Monti Inadmissibility: The General Court of the European Union considers inadmissible an action based on general information which does not make it possible to establish that the State aid decision placed the applicant at a competitive disadvantage (Opere Pie d’Onigo)


On 24 September 2019, the Court of First Instance of the European Union made an order dismissing as inadmissible the action brought by a non-profit-making public body, by reference to the Montessori case-law (CJEU, 6 Nov. 2018, Scuola Elementare Maria Montessori, cases C-622/16 P to C-624/16 P, (...)

Alexandre Lacresse, Barbara Monti Private enforcement: The Court of Justice of the European Union recognises that the indirect victim of a cartel may bring an action before the courts from his domicile even if there is no contractual relationship with the defendant company (Tibor-Trans)


Each request for reparation has its own specificity. Here, the absence of a direct contractual link between the victim undertaking and the defendant undertaking allows the Court of Justice of the European Union once again to consider the concept of the ’place where the harmful event occurred or (...)

Alexandre Lacresse, Barbara Monti Annulment: The Court of Justice of the European Union confirms, for lack of reasons, the annulment of the fine imposed on an undertaking for its role as facilitator of a cartel (Icap)


Judgments recalling the European Commission’s obligation to state reasons in competition matters are legion. One recalls in particular the recent UPS judgment, in which the Court confirmed the annulment of the Commission’s decision prohibiting a merger on the grounds that the parties had not been (...)

Alexandre Lacresse, Barbara Monti Rights of defence: The Court of Justice of the European Union rules that the ne bis in idem principle does not apply to a decision of a national competition authority imposing two fines through the parallel application of national and Union law (Powszechny Zakład Ubezpieczeń na Życie)


At the beginning of this preliminary ruling case, a Polish company was sanctioned by the national competition authority for having abused its dominant position on the market for group life insurance, both under national law for the period 2001-2007 and under EU competition rules, but only for (...)

Alexandre Lacresse, Barbara Monti Period for appeal: The Court of Justice of the European Union confirms that an omission which does not affect the understanding of the reasons for a decision does not preclude the application of the two-month period for appeal (Eco-Bat Technologies)


In the present case, the Court of First Instance was criticised for dismissing as inadmissible the action brought against a corrective decision, even though the Commission had omitted in its initial decision information concerning the determination of the basic amount of the fine to be imposed (...)

Alexandre Lacresse, Barbara Monti Access to file: The Court of Justice of the European Union confirms the annulment of the European Commission’s decision prohibiting a merger because of the failure to communicate to the parties the econometric model on which that decision was based (UPS, TNT)


In the field of mergers, there have been few judgments annulling Commission decisions based on violation of the rights of defence. The latest was in 2002, when the Court of First Instance ruled that the lack of clarity and precision of certain Commission objections infringed the rights of (...)

Alexandre Lacresse, Barbara Monti Reasonable time: The Court of Justice of the European Union annuls several judgments of the General Court of the European Union on the ground of lack of sufficiently direct causal link between the violation of reasonable time for adjudication and the loss suffered following payment of bank guarantee fees during the period beyond this period (Gascogne ; Kendrion ; ASPLA, Amando Álvarez)


The judgments of the ECJ under chronicle bring to a close the judicial saga dating back to February 2006, when the companies of the Gascogne group, Kendrion, ASPLA and Armando Álvarez brought an action before the Court of First Instance to have the Commission’s decision annulled, penalising them (...)

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