EU settlement procedure, hybrid settlements and the judicial point of view

Workshop organized by Concurrences Review in partnership with CAT and Simmons & Simmons.


Koen Platteau – Partner, Simmons & Simmons LLP

The European Commission introduced its settlement procedure for cartel cases in 2008. The instrument originally met with some scepticism but has become a prominent feature of the Commission’s cartel enforcement practice, with the Commission recently announcing its 20th cartel case in which one or more settlements have been reached.

This seminar will look not so much at the settlement instrument as such, but rather at the “post-settlement” phase. In that context we will explore how courts look at settlements in the context of judicial review and how settlement (or the absence of settlement) can have an impact on private enforcement. These situations can be particularly complex in the context of the so-called hybrid settlements, where some parties opt for settlement whilst others opt out. In this seminar we will look at both the emerging case law at EU level and a number of interesting precedents that exist in the United Kingdom (the Crest Nicholson, Tesco and Gallaher cases).

Photos © Emilie Gomez

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