The EU Court of Justice upholds the Commission’s first withdrawal of immunity for cartel whistleblower but finds the General Court failed to timely adjudicate (Deltafina / FLS Plast)

The European Court of Justice has upheld a €30 million fine against cartel whistleblower Deltafina, which was imposed following the withdrawal of Deltafina's conditional immunity as a result of the breach of its duty to cooperate under the European Commission's leniency program. This ruling confirms the Commission's first ever decision to withdraw conditional immunity from fines from a company that was the first to bring evidence of a cartel. This serves as a serious warning to companies seeking to benefit from the EU immunity program that full cooperation with the Commission must be provided at all stages of its investigation. However, the Court of Justice also held that the General Court's proceedings were excessively lengthy. Although the Court of Justice considered that this was

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  • Jones Day (Brussels)

Quotation

Bernard Amory, The EU Court of Justice upholds the Commission’s first withdrawal of immunity for cartel whistleblower but finds the General Court failed to timely adjudicate (Deltafina / FLS Plast), 19 June 2014, e-Competitions Bulletin June 2014, Art. N° 68520

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