In a reference for a preliminary ruling under Article 267 TFEU, made by the Oberster Gerichtshof (Austria) on 5th December 2011, the EU Court of Justice was asked to respond to the following question; whether a fine may be imposed, in case of an infringement of Art.101 TFEU, when the unlawfulness of the conduct derives from the reliance on legal advice or decisions of National Competition Authorities (hereinafter NCAs). The main dispute before the Austrian Courts dealt with an Austrian freight forwarding cartel case. The defendants, Schenker & Co. and Others, were members of the Spediteur-Sammelladungs-Konferenz (Freight Forwarding Agents Consolidated Consignment Conference, “the SSK”). After deciding to establish it as a civil law partnership, they applied to the Kartellgericht
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The EU Court of Justice rules that reliance on legal advice or decisions of NCAs does not preclude imposition of fines for infringing Art. 101 TFEU (Schenker)
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