CASE COMMENTS: CARTELS – EUROPEAN UNION – TRANSACTION – HYBRID PROCEDURE – PRINCIPLE OF IMPARTIALITY – EQUAL TREATMENT

Transaction: The Court of Justice of the European Union confirms the absence of partiality in the European Commission’s handling of a ‘hybrid’ cartel procedure, but reduces again the fine imposed on a non-transacting company, increasing the reduction already decided by the General Court of the European Union (Pometon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Although they have become a reality over the last ten years, so-called "hybrid" procedures continue to raise particular difficulties, inherent precisely in their hybrid nature, which combines a transaction and a classic procedure. The source of these difficulties is well known: in a hybrid procedure, the same cartel will give rise to several separate decisions, if some undertakings opt for the settlement procedure and others refuse to do so (or withdraw from it, as in the present case). In its settlement decision, the Commission is then bound by the principle of impartiality and respect for the presumption of innocence with regard to undertakings which

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Michel Debroux, Transaction: The Court of Justice of the European Union confirms the absence of partiality in the European Commission’s handling of a ‘hybrid’ cartel procedure, but reduces again the fine imposed on a non-transacting company, increasing the reduction already decided by the General Court of the European Union (Pometon), 18 March 2021, Concurrences N° 2-2021, Art. N° 100511, pp. 73-75

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