The EU Court of Justice confirms that the EU Commission has a considerable margin of discretion to revise a proposed fine upwards concerning companies that have withdrawn from a settlement procedure (Timab Industries)

The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements* The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for price fixing and market sharing throughout the EEA. During the investigation into the infringement, all the companies involved engaged in settlement discussions with the Commission with a view to obtaining a 10 percent reduction in the fine that would otherwise have been imposed had they not settled with the Commission.

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Louise-Astrid Aberg, The EU Court of Justice confirms that the EU Commission has a considerable margin of discretion to revise a proposed fine upwards concerning companies that have withdrawn from a settlement procedure (Timab Industries), 12 January 2017, e-Competitions Bulletin January 2017, Art. N° 92752

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