CASE COMMENTS: CARTELS – PRESCRIPTION – ARTICLE 25 REGULATION N° 1/2003

Conditional leniency: The General Court of the European Union rules that a decision of the European Commission to award to an undertaking a conditional immunity constitutes an act capable of interrupting for all undertaking the time limitation period, under article 25 of regulation n° 1/2003 (Empresarial de Materiales de Construcción)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Admittedly, as Advocate General Ghent put it, the limitation period 'reflects in law a banal truth, namely that time is right in everything, that after a period of time there always comes a time when, in social relations, what is past must no longer be called into question and that, even if that past was criminal, it is still better to let it go' (see Case C-105/99). Opinion of Advocate General Ghent in ACF Chemiefarma v Commission, 41/69, EU:C:1970:51, p.726.). The fact remains that, in competition law, time rarely flows in a linear fashion, but rather irregularly with multiple interruptions. In this respect, the judgment of the Court of First

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

  • European Court of Justice (Luxembourg)

Quotation

Etienne Thomas, Conditional leniency: The General Court of the European Union rules that a decision of the European Commission to award to an undertaking a conditional immunity constitutes an act capable of interrupting for all undertaking the time limitation period, under article 25 of regulation n° 1/2003 (Empresarial de Materiales de Construcción), 6 October 2015, Concurrences N° 1-2016, Art. N° 77695, pp. 83-84

Visites 200

All reviews