CASE COMMENTS: PROCEDURES – EUROPEAN UNION – ANTICOMPETITIVE PRACTICES – HYBRID SETTLEMENTS – PROCEDURAL RIGHTS – MOTIVATION

Transaction: The General Court of the European Union reduces the amount of a fine imposed to an undertaking who decided to withdraw from the settlement procedure (Pometon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Tribunal clarifies the conditions for compliance with procedural safeguards in cartel proceedings in which some companies are sued through the ordinary channels while others choose to settle. In such a hybrid procedure, when the Commission draws up the settlement decision, the principle of impartiality and respect for the presumption of innocence require it not to prejudge the outcome of the ordinary procedure, which is staggered in time. It is also bound by the same duty to state reasons as in other proceedings. Of the five participants in the shot cartel, four opted for a settlement procedure (decision C(2014)2074 final), the fifth, Pometon,

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

  • European Court of Justice (Luxembourg)

Quotation

Pascal Cardonnel, Transaction: The General Court of the European Union reduces the amount of a fine imposed to an undertaking who decided to withdraw from the settlement procedure (Pometon), 28 March 2019, Concurrences N° 3-2019, Art. N° 91486, p. 155

Visites 153

All reviews