The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that the adoption of a commitment decision does not preclude national courts from examining whether the agreements comply with the antitrust rules, nor from, if necessary,

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Simon Baxter, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Michael J. Frese, The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol), 23 November 2017, e-Competitions Bulletin Commitment Decisions, Art. N° 85380

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