CASE COMMENTS: CARTELS - EUROPEAN UNION - CARTELS - COMPANY - FINE - PRINCIPLE OF EQUAL TREATMENT

Notion of undertaking: The Court of Justice of the European Union criticises the Court of First Instance of the European Union for having, in a new aspect of the heat stabilisers case, disregarded the concept of undertaking, the principle of equal treatment and the date on which a fine becomes payable if the European Commission adopts an amending decision (GEA)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It will be recalled that in the heat stabilisers case, in a judgment delivered in 2018, the Court of First Instance had annulled an amending decision of the Commission, by which the Commission had corrected an error, contained in a previous decision, relating to the determination of the relationship of solidarity between three companies, GEA, a parent company, ACW and CPA, subsidiary and sub-subsidiary and vice versa (see Trib UE, 18 Oct. 2018, GEA, T-640/16, EU:T:2018:700. On this judgment, see A-S. Choné-Grimaldi, Concurrences No. 1-2019), in short, in a relatively convoluted situation. The error censured and committed by the Commission was the failure

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Notion of undertaking: The Court of Justice of the European Union criticises the Court of First Instance of the European Union for having, in a new aspect of the heat stabilisers case, disregarded the concept of undertaking, the principle of equal treatment and the date on which a fine becomes payable if the European Commission adopts an amending decision (GEA), 25 November 2020, Concurrences N° 1-2021, Art. N° 99111, pp. 117-118

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