CASE COMMENTS: PROCEDURES – CONCERTED PRACTICES – EVIDENCE – PRINCIPLE OF EFFECTIVENESS

Presumption of innocence: The Court of Justice of the European Union considers that the principle of the presumption of innocence prevents to deduct the undertaking’s participation in the agreement from the sole sending of an email (Eturas)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. This case raised the delicate question of proof of the existence of a concerted practice, in particular when such proof is limited to a single indication, in this case an e-mail announcing the introduction of an automatic mechanism for setting a discount ceiling, and when acquiescence in the practice is inferred from the passivity of the undertakings party to the cartel. In the present case, in which an appeal was brought against the decision of the national competition authority, the

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

Quotation

Alexandre Lacresse, Presumption of innocence: The Court of Justice of the European Union considers that the principle of the presumption of innocence prevents to deduct the undertaking’s participation in the agreement from the sole sending of an email (Eturas), 21 January 2016, Concurrences N° 2-2016, Art. N° 79522, pp. 172-173

Visites 333

All reviews