The EU Court of Justice reduces the fines imposed on the appellant for the failure of the General Court to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of defence (Ballast Nedam)

Case C-612/12 P Ballast Nedam NV: Competition law, rights of the defence and reduction of fine.* The Court of Justice does not often reduce a fine imposed by the Commission on an undertaking for a breach of the competition rules when the amount of the fine has been upheld by the General Court. The judgment of 27 March 2014 in Case C-612/12 P Balast Nedam NV v Commission EU:C:2014:193 is, however, such a case. The Court of Justice reduced the fine on appeal not because the General Court had exercised its unlimited jurisdiction on fines improperly but because the General Court had failed to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of the defence. Let us see in more detail.

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Xavier Lewis, The EU Court of Justice reduces the fines imposed on the appellant for the failure of the General Court to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of defence (Ballast Nedam), 27 March 2014, e-Competitions Due Process Research Program, Art. N° 64527

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