The EU Court of Justice holds that parent companies may be fined for repeated infringements even without being an addressee of the earlier decisions (Versalis)

On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in Versalis [1], concerning the increasing of fines for antitrust infringements where a company is found to be a repeat offender. The judgment raises important questions about the respect for the rights of defence in EU competition law proceedings. Eni and Versalis were fined by the European Commission in December 2007 for their participation in the Chloroprene Rubber cartel. The Commission increased the initial fines, finding the parties to be repeat offenders on account of the participation of a subsidiary of Eni and Versalis in the 1986 Polypropylene cartel and of a subsidiary of Eni in the 1994.Eni and Versalis challenged the Commission’s Decision before the General Court (GC), which ruled [2] that,

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Authors

  • White & Case (Brussels)
  • General Court of the European Union (Luxembourg)
  • White & Case (Brussels)

Quotation

Assimakis Komninos, Ian Forrester, James Killick, The EU Court of Justice holds that parent companies may be fined for repeated infringements even without being an addressee of the earlier decisions (Versalis), 5 March 2015, e-Competitions Bulletin March 2015, Art. N° 72136

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