On 15 April 2021, the European Court of Justice ("ECJ") handed down its ruling on Italmobiliare's appeal against European Commission decision AT.39563, finding a cartel in the retail food packaging sector. The ECJ rejected Italmobiliare's argument that it should benefit from immunity as regards infringements in one geographic market and a greater fine reduction with respect to infringements in two others. Key takeaways Whilst the Leniency Notice uses a rankings system to determine eligibility for benefits under that notice in cartel proceedings, positions in those rankings are fixed post-decision. A leniency applicant's position in the rankings is definitively set by the European Commission at the end of the administrative phase
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