ALERT: ANTI-COMPETITIVE PRACTICE - ACCESSORY - EFFET UTILE - FINE - CALCULATION

Definition of agreement between undertakings and concerted practice: The Court of Justice of the European Union uses the privity doctrine to justify applying article 81 CE to an undertaking in charge of facilitating a cartel, even if it was not itself an operator on the affected market (AC-Treuhand)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 22 October 2015, judgment C-194/14 (AC-Treuhand) The end justifies the means. That is the main lesson that can be drawn from the judgment of the Second Chamber of the Court of Justice of the European Union of 22 October 2015 inCase C-194/14 (AC-Treuhand AG). and in particular from a reading of recital 36 thereof, the same recital which enables the Court to justify against all evidence that the conduct adopted by a firm responsible for facilitating the commission of an infringement of the competition rules - a cartel - fell within the prohibition laid down in Article 81(1) EC and that such an interpretation was reasonably foreseeable at the time when

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

  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Definition of agreement between undertakings and concerted practice: The Court of Justice of the European Union uses the privity doctrine to justify applying article 81 CE to an undertaking in charge of facilitating a cartel, even if it was not itself an operator on the affected market (AC-Treuhand), 22 October 2015, Concurrences N° 1-2016, Art. N° 78102, www.concurrences.com

Visites 208

All reviews