The EU Court of Justice annuls fines imposed on Belgian chemicals company for anticompetitive conduct due to a breach of essential procedural requirements (Solvay)

European Court of Justice annuls antitrust fines due to a breach of essential procedural requirements* On October 25th, 2011 the European Court of Justice annulled antitrust fines that were imposed on the company Solvay by the European Commission in the year 2000 (and approved by European Court of First Instance in 2009) due to a breach of the right of access to the file. In its judgment, the ECJ made some surprisingly clear and interesting statements (C-110/10 P, recital 59-65): “In the present case, it was not until 2005 that Solvay was able to take a position on the documents seized during 1989. Nevertheless, the loss of a certain number of sub-files and the fact

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Till Patrik Holterhus, The EU Court of Justice annuls fines imposed on Belgian chemicals company for anticompetitive conduct due to a breach of essential procedural requirements (Solvay), 25 October 2011, e-Competitions Due Process Research Program, Art. N° 40201

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