The EU General Court partially annuls the Commission’s decision in a car battery recycling cartel case finding that the Commission erred in its findings on the duration of the infringement and on the fine reduction for mitigating circumstances (Campine)

On 7 November 2019, the General Court ("GC") partially annulled with respect to Campine the Commission's decision in the car battery recycling cartel case. While the Commission was correct to establish that Campine had participated in an unlawful cartel, the GC concluded that the Commission erred in its findings on the duration of the infringement and on the fine reduction for mitigating circumstances. Accordingly, it reduced the company's original fine from €8.1 million to €4.3 million. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS In cartel cases, the burden of proving the existence of an infringement lies with the Commission. Given the secretive nature of cartels, the Commission is entitled to infer the existence of an anti-competitive practice from coincidences

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  • Ashurst (Brussels)

Quotation

Donald Slater, The EU General Court partially annuls the Commission’s decision in a car battery recycling cartel case finding that the Commission erred in its findings on the duration of the infringement and on the fine reduction for mitigating circumstances (Campine), 7 November 2019, e-Competitions November 2019, Art. N° 94110

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