The EU Court of Justice’s Advocate General Kokott recommends annulment in soda ash cases due to infringements of rights of defence (Solvay/Commission)

On 14 April 2011, Advocate General (“AG”) Juliane Kokott issued her opinion in cases C-109/10P and 110/10P, Solvay SAv. Commission, recommending that the Court of Justice (“ECJ”) annul two Commission decisions fining chemicals company Solvay for infringing Articles 81 and 82 EC (now Articles 101 and 102 TFEU). AG Kokott found, among other things, that the General Court (“GC”) had erred in dismissing Solvay‘s claims that the Commission had infringed the rights of defence by failing to provide Solvay with an opportunity to view the entire administrative file and by refusing Solvay the opportunity to present its arguments at an oral hearing. The proceedings against Solvay date back to 1989, when the Commission conducted inspections at the company’s offices based

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  • Van Bael & Bellis (Brussels)

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Martin Favart, The EU Court of Justice’s Advocate General Kokott recommends annulment in soda ash cases due to infringements of rights of defence (Solvay/Commission), 14 April 2011, e-Competitions Bulletin April 2011, Art. N° 41140

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