The EU General Court reduces fines in Dutch bitumen cartel appeal (Shell and Ballast Nedam Infra)

On 27 September 2012, the General Court (“GC”) handed down sixteen judgments in the Dutch bitumen cartel case. The Court dismissed the appeals of fourteen undertakings in their entirety, while it partially annulled the Commission’s 2006 decision in relation to two of the cartel participants, Shell and Ballast Nedam Infra BV. The Court reduced the fine imposed on Shell from € 108 million to € 81 million, finding that the European Commission had not provided sufficient proof that Shell had acted as leader of the cartel. The Court also capped the liability of one member of Ballast Nedam group at € 3.45 million, but did not alter the

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  • Van Bael & Bellis (Brussels)

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Richard Burton, The EU General Court reduces fines in Dutch bitumen cartel appeal (Shell and Ballast Nedam Infra), 27 September 2012, e-Competitions Bulletin September 2012, Art. N° 58276

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