CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - NOTION OF “UNDERTAKING” – ROLE OF “FACILITATOR” – FINES
"Facilitator" : The European Commission heavily fines a cartel’s "facilitator" in the financial sector (Icap)
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Eur. Comm. 4 Feb. 2015, Case COMP/39861, ICAP; Press Release IP/15/4104
Can a company not operating on a cartelised market - of products or services - constitute, in relation to that cartel, an 'undertaking' within the meaning of Article 101 TFEU? And, therefore, under Regulation 1/2003, not only be charged with an (autonomous) infringement, but also, and above all, be fined (in its own right)?
This question, the wording of which would certainly benefit from being adapted to the circumstances, is becoming increasingly acute following the Commission's latest decision in euro and Japanese yen interest rate derivatives cartels: after having heavily sanctioned
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