CASE COMMENT : PROCEDURE - ANTICOMPETITIVE AGREEMENTS - INTERNATIONAL AGREEMENT - APPLICATION OF FINES

Applications of fines: The ECJ considers that anticompetitive practices sanctioned in a third State may also be sanctioned under European Competition Law if they have effects in Europe (Archer Daniels)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Three companies have been fined by the US authorities for implementing an anti-competitive cartel in the US. As these companies had European subsidiaries, the cartel had effects in Europe. Therefore, one of them denounced the cartel to the Commission in order to benefit from the leniency programme which exempts from a fine anyone who denounces a fraudulent practice. The Commission fined both companies without taking into account the fines previously imposed on them by the US authorities. The Court of First Instance of the European Communities applied the same reasoning.

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Marie Koehler de Montblanc, Applications of fines: The ECJ considers that anticompetitive practices sanctioned in a third State may also be sanctioned under European Competition Law if they have effects in Europe (Archer Daniels), 18 May 2006, Concurrences N° 3-2006, Art. N° 27363, www.concurrences.com

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