CASE COMMENTS: CARTELS – EUROPEAN UNION – ROAD BITUMEN CARTEL

Proportionality of fines: The Court of Justice of the European Union considers that a fine amounting to more than 90 % of the turnover of the subsidiary, participant to the cartel, is not disproportionate as long as it does not exceed the 10 % limit applicable to the group’s global turnover, even in the alleged absence of any concrete effect of the practice on the market (CEPSA, PROAS et Repsol)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The cartel in the Spanish road bitumen market, involving different producers as well as several bitumen importers, was detected as a result of the leniency programme. In addition to the first leniency applicant (a BP group company), several companies applied for immunity for providing relevant evidence. Despite the reductions granted, the pill remains bitter for those who have sought to co-operate: PROAS and CEPSA were jointly and severally fined EUR 83 850 000 and Repsol was fined EUR 80 496 000. 80,496,000. Their appeals have just been rejected. The pleas relating to the breach of the reasonable time requirement,

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Michel Debroux, Proportionality of fines: The Court of Justice of the European Union considers that a fine amounting to more than 90 % of the turnover of the subsidiary, participant to the cartel, is not disproportionate as long as it does not exceed the 10 % limit applicable to the group’s global turnover, even in the alleged absence of any concrete effect of the practice on the market (CEPSA, PROAS et Repsol), 9 June 2016, Concurrences Nº 3-2016, Art. N° 80801, pp. 56-57

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