ALERT: ANTI-COMPETITIVE PRACTICE - LENIENCY - APPLICATION FOR IMMUNITY - ECN - PRELIMINARY RULING

Leniency: The Court of Justice of the European Union rules that there is no legal link between the application for immunity submitted to the Commission and the summary application submitted to the national competition authorities and that national authorities are not required to assess the summary application in the light of the application for immunity or even to contact the Commission in relation to the existence of the possible existence of such an application (DHL)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 20 January 2015, the Court of Justice of the European Union gave judgment in Case C-428/14 (DHL Express (Italy) Srl, DHL Global Forwarding (Italy) SpA v Autorità Garante della Concorrenza e del Mercato).. The present case, based on a reference for a preliminary ruling by the Italian Council of State, highlights the shortcomings of a European system without a one-stop shop for receiving and processing leniency applications from undertakings, but providing an incentive, via soft law, for national competition authorities to have a national leniency programme established on the basis of a mechanism developed within the ECN in a Model Programme.

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Leniency: The Court of Justice of the European Union rules that there is no legal link between the application for immunity submitted to the Commission and the summary application submitted to the national competition authorities and that national authorities are not required to assess the summary application in the light of the application for immunity or even to contact the Commission in relation to the existence of the possible existence of such an application (DHL), 20 January 2016, Concurrences N° 2-2016, Art. N° 79633, www.concurrences.com

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