CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS – ANNULMENT OF THE COMMISSION DECISION – STATEMENT OF OBJECTIONS

Lack of motivation: The General Court of the European Union annuls the Commission decision in the air cargo cartel, because of a contradiction between the statement of objections and the operative part of the decision (Cargo cartel)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Revealed through the leniency programme, the cartel between 21 air carriers to fix a 'fuel surcharge' and a 'security surcharge' had been condemned by the Commission by a decision of 9 December 2010 (Decision C(2010) 7694 final). It will be remembered that Air France had thus been penalised to the tune of more than EUR 180 million. The decision has just been annulled on the grounds of lack of reasoning! This lies in a contradiction between the grounds and the system. The difficulty lies in the wording of the system, which comprises seven articles. The first four are devoted to the four infringements in question: a cartel on routes between

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Anne-Sophie Choné-Grimaldi, Lack of motivation: The General Court of the European Union annuls the Commission decision in the air cargo cartel, because of a contradiction between the statement of objections and the operative part of the decision (Cargo cartel), 18 December 2015, Concurrences N° 1-2016, Art. N° 77651, pp. 84-85

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