CASE COMMENTS: MERGERS - DETERMINING THE AMOUNT OF THE FINE - DURATION OF THE INFRINGEMENT - PRINCIPLE OF NON-RETROACTIVITY OF THE LAW

Calculation of the fine : The Court of Justice of the European Union rejects the appeal against a judgment of the General Court that upheld a Commission’s decision imposing a €20 million fine on an undertaking for acquiring de facto control over a French electricity operator without having sought prior approval (Electrabel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It may be recalled that on 12 December 2012, the Court of First Instance confirmed the Commission's decision imposing a fine of €20 million on Electrabel for having acquired sole control of Compagnie Nationale du Rhône (CNR) without prior authorisation from the Commission. For the record, it will suffice to recall that on 23 December 2003 Electrabel bought out EDF's shareholding in CNR, thus becoming CNR's main shareholder with 49,95 % of the capital and 47,92 % of the voting rights. On 9 August 2007, Electrabel asked the Commission for its opinion on the existence of possible de facto control over CNR. As the Commission concluded that such control had been

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University Paris II Panthéon‑Assas

Quotation

Dominique Berlin, Calculation of the fine : The Court of Justice of the European Union rejects the appeal against a judgment of the General Court that upheld a Commission’s decision imposing a €20 million fine on an undertaking for acquiring de facto control over a French electricity operator without having sought prior approval (Electrabel), 3 July 2014, Concurrences N° 1-2015, Art. N° 71337, pp. 137-139

Visites 241

All reviews