ALERT: ANTI-COMPETITIVE PRACTICE - FINE - CALCULATION - SETTLEMENT - LEGITIMATE EXPECTATION

Determination of the sanction: The Court of Justice of the European Union rules that the an undertaking cannot rely on any legitimate expectation that the estimates transmitted to them by the Commission during the settlement procedure, in the form of likely ranges of fines fixed in the light of the factors taken into consideration at that stage of the procedure, will be maintained it they wihdraw from the settlement procedure (Timab Industries)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 12 January 2017, the Court of Justice of the European Union delivered its judgment on the case. Judgment in Case C-411/15 (Timab Industries, Cie financière et de participations Roullier (CFPR) v European Commission). It rejects all the pleas in law raised by the applicants and in so doing confirms the fine of EUR 60 million imposed on the Roullier group for its participation in the phosphate cartel. On that occasion, the Court sends a message to the undertakings, which, having entered into a settlement, finally renounced it after having seen the Commission's game: the range of fines proposed by the Commission in the context of the settlement cannot give

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Determination of the sanction: The Court of Justice of the European Union rules that the an undertaking cannot rely on any legitimate expectation that the estimates transmitted to them by the Commission during the settlement procedure, in the form of likely ranges of fines fixed in the light of the factors taken into consideration at that stage of the procedure, will be maintained it they wihdraw from the settlement procedure (Timab Industries), 12 January 2017, Concurrences N° 2-2017, Art. N° 84084, www.concurrences.com

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