The EU Court of Justice confirms that consulting firms may be held liable and fined for cartel facilitation (AC‑Treuhand)

The Court of Justice has confirmed that consultancy firms may be held liable and fined for cartel infringements where they contribute to the implementation and continuation of cartels even if they are not active on the affected market(s). Background In 2009, the Commission fined a number of suppliers of heat stabilisers that had been found to have infringed Article 101 TFEU by participating in various anti-competitive agreements and concerted practices concerning both tin stabilizer and ESBO/esters [1]. AC-Treuhand, a consultancy firm offering a range of services to associations and interest groups, was also held liable for these infringements and two fines of EUR 174 000 each were imposed on AC-Treuhand for its role in facilitating the cartel(s). AC-Treuhand sought to annul the