Appeal in banana cartel results in confirmation that the analysis of bilateral information exchange as an object infringement by Commission and General Court was correct. In Brief In its judgment on 19 March 2015, the Court of Justice of the European Union (ECJ) concluded that Dole’s appeal against the General Court judgment of 14 March 2013 should be dismissed in its entirety. Significantly, the ECJ decided that the General Court was correct in finding that the exchange of pre-pricing information was a restriction of competition by object under Article 101 TFEU. Background to the ECJ décision On 15 October 2008, the European Commission (the Commission) fined Dole, Weichert and Del Monte a total of EUR 60.3m for participating in a cartel. The Commission Decision related to bananas
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