The EU Court of Justice decides that a firm that has infringed Article 101 TFEU is unable to escape the imposition of a fine merely because the illegality of its conduct was erroneously assessed by its legal counsel (Schenker)

I. The Parties The Bundeswettbewerbsbehörde, the Federal Competition Authority in Austria. The Bundeskartellanwalt, the Federal Cartel Lawyer in Austria. Thirty-one undertakings, including inter alia Schenker & Co. AG (“Schenker”), members of the Spediteur-Sammelladungs-Konferenz (the Freight Forwarding Agents Consolidated Consignment Conference; hereinafter “the SSK”). II. The Facts The SSK was established in 1994 as a civil law partnership. It pursued the objective of “enabling more favourable road/rail consolidated consignment rates to be granted to shippers and to end consumers” and of promoting fair competition among its members through the creation of equal conditions of competition for its members. The agreement was submitted to the Kartellgericht (Cartel Court) for prior

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Authors

  • Lexing (Liège)
  • Liège University (Liège)

Quotation

Norman Neyrinck, Milia Chamas, The EU Court of Justice decides that a firm that has infringed Article 101 TFEU is unable to escape the imposition of a fine merely because the illegality of its conduct was erroneously assessed by its legal counsel (Schenker), 18 June 2013, e-Competitions June 2013, Art. N° 63670

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