The ECJ Advocate General Bot champions narrow reading of “actual impact on the market” criterion (Erste Group Bank)

In his opinion delivered on 26 March 2009 in the Austrian Bankscase, Advocate General Bot recommended that the ECJ quash an earlier judgment of the CFI and lower the fines imposed on certain Austrian banks for their involvement in cartel practices. The Advocate General upheld the appellants’ argument that the CFI had erred in law in allowing the Commission to infer from the mere implementation of the cartel that this cartel had an “actual impact on the market” within the meaning of the 1998 Fining Guidelines. He considered that since the Commission had failed

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  • Van Bael & Bellis (Brussels)

Quotation

Richard Burton, The ECJ Advocate General Bot champions narrow reading of “actual impact on the market” criterion (Erste Group Bank), 26 March 2009, e-Competitions Bulletin March 2009, Art. N° 42860

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